82,000 ‘financial guardians’ for those without mental capacity owed £200 refund – how to claim
AROUND 82,000 people who look after the finances of those without the mental capacity to do so themselves could be in line for an up to £200 payout. The government’s Ministry of Justice has launched a refund scheme after so-called “deputies” in England and Wales paid over the odds to take on the role. Deputies […]
AROUND 82,000 people who look after the finances of those without the mental capacity to do so themselves could be in line for an up to £200 payout.
The government’s Ministry of Justice has launched a refund scheme after so-called “deputies” in England and Wales paid over the odds to take on the role.
Deputies do things such as pay a person’s bills or organise their pension, and make decisions about medical treatment and how someone is looked after.
Currently, it costs £365 to apply to become a deputy for someone, plus an extra £485 if the case needs a court hearing.
You also pay an annual supervision fee of £320 for general supervision or £35 for minimal supervision, which is where deputies manage less than £21,000.
Deputies are appointed by the Court of Protection but it’s the Office of the Public Guardian which then oversees this system to ensure deputies carry out their responsibilities effectively, as well as providing advice and support.
What do I need to claim a refund?
HERE'S the information you'll need to submit a claim:
You’ll need details of the person who had a deputy (the “client”). This includes their:
- name
- date of birth
- address when the deputyship ended
- date of death (if relevant)
You’ll also need to provide details of the bank account you’d like the refund to be paid in to if you do not want to be refunded by cheque.
In addition, you’ll need to send proof of your:
- name
- address
- right to apply (if you’re not the client)
But deputies between March 31, 2008 and April 1, 2015 were overcharged supervision fees as they didn’t match the actual cost for the Office of the Public Guardian to supervise applicants.
A Ministry of Justice spokeswoman said: “It is right that those who may have been charged more than necessary to cover the costs of the service should be refunded.
“We have developed a scheme and are working with charities, membership bodies and other organisations to help reach those affected.”
How do I apply for a refund?
If you’re still a deputy, you don’t need to apply for a refund as the Office of the Public Guardian will get in touch with you in the “coming weeks”.
Although if your deputyship contact details aren’t up to date, ring the Office of the Public Guardian on the following number and press option ‘six’ for refunds: 0300 456 0300.
Where deputyships have ended, because the former client is now able to make their own decisions or because they’ve passed away, you will need to apply for a refund.
One application form needs to be completed for each former client and you can apply online via Gov.uk.
Alternatively, you can claim by email, post or phone – see Gov.uk for the contact details.
You’ve got until October 4, 2022 to claim.
Refunds will be paid either by cheque or bank transfer within eight weeks.
The refund scheme does not apply to fees paid to the Office of the Public Guardian Scotland, the Office of Care and Protection in Northern Ireland, or the Court of Protection.
How much will I get back?
How much you’ll get back depends on how much you paid at the time, how long you’ve been a deputy for, and whether you have unpaid fees.
The government says around £200million in refunds is due to to around 82,000 former and existing deputies.
For most, payments will be up to £200 – although for some it could be higher. You’ll get 0.5 per cent interest on top of payments too.
Is this the same as having Lasting Power of Attorney?
You apply for deputyship once someone has already lost their mental capacity.
Lasting Power of Attorney on the other hand, is when you apply to look after someone’s personal or financial life before they’ve lost the mental capacity to do so themselves.
A separate redress scheme was set up by the government in February 2018 after it realised that people had been charged more than the administration costs for setting up a power of attorney.
More on money
Here’s more information on how to apply for a lasting power of attorney refund, which unlike the deputyship redress scheme isn’t automatic.
Plus, here’s how to check you’re not missing out on thousands of pounds in benefits and Universal Credit.
And we reveal eight ways to get discounts and freebies if you’re on Universal Credit or benefits.
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