Registering LPAs – Discounts May Be Available

Registering LPAs – Discounts?

The Office of the Public Guardian now only to offer full discounts to pensioners on pension credit registering LPAs.  In cases where you are paying by the minute rather than our fixed fee, the cost of applying for discounts on registering LPAs will probably be  you more than the potential saving. )

Many couples needlessly pay up to £440 more than necessary for registering LPAs – Lasting Powers of Attorney. One of the issues with registering LPAs is that they are no use whatever until they ARE registered.  So immediate registration is important, if expensive for many.

However, as at May 2016, you may be eligible for a fee exemption when registering LPAs.  If you receive any of the following means-tested benefits and you have not been awarded damages of more than £16,000, which were disregarded when determining eligibility for the benefit.

• Income Support.

• Income based Employment and Support Allowance.

• Income-based Job-Seeker’s Allowance.

• Pension Guarantee Credit element of State Pension Credit (you will not be eligible if this is calculated as nil).

• A combination of Working Tax Credit and either Child Tax Credit, Disability Element Working Tax Credit or Severe Disability Element (within the Working Tax Credit). This does not include Disability Living Allowance or Invalidity Benefit.

• Housing Benefit; or Council Tax Benefit. (Not the 25% single person reduction).

• Local Housing Allowance.

Fees, exemptions and remissions discounts registering LPAs.

At the discretion of the OPG, exemptions may be granted for a period of up to 3 years, providing the applicant signs the undertaking on form OPG506A to notify OPG immediately, in writing, should entitlement to the qualifying benefit cease.

The request must be accompanied by supporting evidence in the form of an official letter or entitlement notice from the appropriate benefit provider dated no more than 3 months old. It must contain your title, full name, address and postcode and confirm current receipt of benefit.

If the appropriate evidence is not provided, your application will be refused and the full fee will be payable.

Applicants will be notified in writing of the period of award and will not need to supply further evidence, or complete an Application for a fee exemption or remission form during the award period.

You are eligible for a fee exemption when registering LPAs if you receive any of the following means-tested benefits and you have not been awarded damages of more than £16,000, which were disregarded when determining eligibility for the benefit:

• Income Support;

• Income based Employment and Support Allowance;

• Income-based Job-Seeker’s Allowance;

• Pension Guarantee Credit element of State Pension Credit (you will not be eligible if this is calculated as nil);

• A combination of Working Tax Credit and either Child Tax Credit, Disability Element Working Tax Credit or Severe Disability Element (within the Working Tax Credit). This does not include Disability Living Allowance or Invalidity Benefit;

• Housing Benefit; or Council Tax Benefit (not the 25% single person reduction);

• Local Housing Allowance.

LPA Registrations: fees, exemptions and remissions.

At the discretion of the OPG, exemptions may be granted for a period of up to 3 years, providing the applicant signs the undertaking on form OPG506A to notify OPG immediately, in writing, should entitlement to the qualifying benefit cease.The request must be accompanied by supporting evidence in the form of an official letter or entitlement notice from the appropriate benefit provider dated no more than 3 months old. It must contain your title, full name, address and postcode and confirm current receipt of benefit.

If the appropriate evidence is not provided, your application will be refused and the full fee will be payable.Applicants will be notified in writing of the period of award and will not need to supply further evidence, or complete an Application for a fee exemption or remission form during the award period.

Am I eligible for a fee remission on registering a lasting power of attorney?

If you do not qualify for a fee exemption, you may be eligible for a fee remission. The fee remission shown here applies to  Remission cannot be backdated to previous years fees. If your gross annual income* is within the bands shown in Table 1.

Up to £12,000 £55 fee when registering LPAs. Over £12,000 the full registration fee is payable on each registered LPA.

*Gross annual income is the amount received before you pay tax and national insurance and includes all state benefits. It may come from:

• employment;

• non-means-tested benefits, including Attendance Allowance and Disability Living Allowance;

• pensions; and/or

• Interest from capital investments.

We offer a service for registering LPAs.

Our FREE 2 minute guide to Legal Planning is available on request or we have a guide solely on LPAs, which can download here.

Office of the Public Guardian fees for registering LPAs.