Post Termination Issues: What do employers need to consider?
Chris Dobbs looks at post termination issues, obligations and restrictions.
The Ministry of Justice has launched a scheme to refund those who may have overpaid when applying to register powers of attorney.
The scheme applies to any lasting power of attorney (LPA), or enduring power of attorney (EPA) that was registered with the Office of the Public Guardian between 1 April 2013 and 31 March 2017 in which a fee was paid.
How do you make a claim?
Claims can be made by either the ‘donor’ (the person who made the power of attorney); or an ‘attorney’ (a person appointed by the donor in an LPA or EPA to make decisions on their behalf).
If you were appointed as a replacement attorney, you can only claim when you have been formally appointed as an attorney and are able to make decisions on the donor’s behalf.
Is there a limit on when a claim can be made?
The power of attorney must have been made in England or Wales and the deadline for making a claim is 31 January 2021.
How much of a refund will I get?
How much of a refund you get depends on when you paid the fees. The table below illustrates the time periods and the refund amount for each power of attorney.
| When the fee was paid | Refund amount |
| April 2013 to September 2013 | £54.00 |
| October 2013 to March 2014 | £34.00 |
| April 2014 to March 2015 | £37.00 |
| April 2015 to March 2016 | £38.00 |
| April 2016 to March 2017 | £45.00 |
Julie Frampton is an Executive in our Wills & Tax Team. She says, “You will also be entitled to 0.5% interest. If you paid a reduced fee (‘remission’), you will get half the refund. You can still claim a refund even if you do not know when you paid the fees. The refund however, must be paid to the donor.”
How do I make a claim?
For more information, including how to make a claim visit https://www.gov.uk/power-of-attorney-refund.
Our Wills & Tax Team are happy to discuss any issues that this raises for you. If you have any questions, you only have to ask us at Frettens. Please call 01202 499255 and Julie or a member of the team will be happy to chat about your situation and your particular requirements.
