Did you register a Power of Attorney (Lasting or Enduring) between 1 April 2013 and 31 March 2017? You may be entitled to a refund of up to £54 plus interest. From 1st February 2018 the Ministry of Justice has launched its power of attorney refund scheme 2018. Amanda Attrell from Rix & Kay explains all here…
Changes to Power of Attorney
If you registered a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) between 1 April 2013 and 31 March 2017, and paid an application fee, then you could be due a partial refund of up to £54 plus interest. The online scheme is open for three years so there’s plenty of time to apply.
The Office of the Public Guardian’s (OPG) processing costs have been reducing in recent years, which led to the Ministry of Justice lowering the application fee in April 2017. The scheme has been set up to refund those who have overpaid.
How to claim a refund
If you, or someone you know, thinks they may be eligible for a refund, visit https://www.gov.uk/power-of-attorney-refund for more details and make a claim using the online service. Making the claim is quick and simple and you should not need assistance from a solicitor to make the claim. You will only need to make one claim for each donor (the person who made the Power), even if they registered more than one during the relevant period.
If you don’t have internet access please contact the refund helpline by calling OPG on 0300 456 0300 selecting option 6. Lines are open Monday – Friday 9am to 5pm (Wednesday lines open at 10am).
Who the refund is payable to?
The refunds apply to all application fees paid in the qualifying period whether the Power of Attorney was registered or not. The refund must be repaid to the donor of the Power of Attorney but either the donor or the attorney can apply.
If the donor of the Power has died, their executor or administrator will need to contact the telephone refund helpline and will not be able to use the online service. The same applies if a Deputy was appointed because the Power is no longer valid.
The refund amount will vary depending on the OPG’s costs and fees at the time of the application (see table below). If you paid a reduced fee you should get half of the amount shown. Interest at the rate of 0.5% will also be applied to each refund, calculated from the date of the original application until the date the refund was sent for payment.