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Claiming a Deputyship Fee Refund

Have you been overcharged deputyship fees by the OPG for England and Wales? If so, you may be able to claim a deputyship fee refund.

Information in this help guide explains who can claim a refund of deputyship fees, the eligibility criteria, and how much you might get.

How Much are Deputyship Fee Refunds?

To get a refund, the deputyship assessment and annual supervision must have taken place between the 1st of April 2008 and the 31st of March 2015.

You need to make a claim with the Office of the Public Guardian (OPG) to find out whether any money is owing – and how much you can get.

But, as a deputy acting under a current court order, there would be no need to apply. Overcharged fees would be refunded by automatic process.

Note: The deadline to claim a deputyship fee refund is the 4th of October 2022. As a rule, reimbursements will be less than £200 (plus 0.5% interest).

Furthermore, the final amount that you get returned to you will be based on three determining factors, which are:

  1. How much you paid in fees (and at what rate).
  2. How long you paid for.
  3. Whether you have any unpaid fees.

Who Can Claim a Refund of Deputyship Fees?

You can make a claim if the deputyship was active between the 1st of April 2008 and the 31st of March 2015 or you are acting for someone who had a deputy – and they are no longer living.

Note: There is no need to apply for a pay back if you are still acting as someone’s deputy. Any overcharged fees would get refunded automatically.

If You had a Deputy on a Previous Occasion

Supposing you had a deputy previously, but now you have the capacity to make your own decisions. If this is the case, you can still apply for a refund.

If you prefer, your property and financial affairs attorney can also claim a deputyship fee refund on your behalf.

Acting on Behalf of Someone Who has Died

The executor of the will (or administrator of the estate) would need to make the claim if the ‘client’ is no longer living. A family member can also make an application if there is no estate administrator.

Rules for Dividing the Refund

You should divide any money recovered from the Office of the Public Guardian between all the beneficiaries of the deceased person’s estate (the client).

Important: You must still comply with the law in cases where the estate has already been settled. Contact the Citizens Advice or a legal adviser (e.g. a solicitor) for further guidance.

Required Information and Documentation

You will need to supply some personal details about the client (i.e. person who had a deputy), including their:

  • Name
  • Date of birth
  • Address (when the deputyship ended)
  • Date of death (if relevant)

The information and documents that the claimant [you] must provide include proof of your:

  • Name
  • Address
  • Right to apply (unless you are the client)

The OPG will return original documents by post. But, you can also send scanned and photocopied documentation (must be a different piece of evidence for each type of proof).

Note: Unless you get refunded by cheque, you also need to give some bank account details to receive the payment.

Proof of name can be:
  • Current signed passport (copy of the page showing your name and photograph).
  • Original birth or adoption certificate.
  • Current UK or EEA photocard driver’s licence (cannot be a provisional licence).
  • Full old-style paper driving licence.
  • EEA member state identity card (or national identity photo card).
  • Benefit award book or the original notification letter you received from the benefits agency.
Proof of address can be:
  • Utility bill from the last twelve (12) months (cannot be a mobile phone bill).
  • Current council tax bill.
  • Bank, building society, or credit union statement dated within the last three (3) months (or passbook).
  • Original mortgage statement issued for the last full year.
  • Council or housing association or rent card or tenancy agreement for the current year.
Proof of right to apply must include a copy of:
  • Grant of probate (for executors)
  • Letters of administration (for administrators)
  • Death certificate (for family members)

Note: Property and financial affairs attorneys must provide the lasting power of attorney reference number.

How to Claim a Deputyship Fee Refund

You can apply for a refund of deputyship fees using form (OPG108). Fill in your details and send it together with the other evidence that you are supplying.

Claiming by Email

To claim by email, you will need to send the form and scanned copies or clear photographs of original documents as ‘attachments’ to [[email protected]].

You can send several emails if it goes over the maximum size limit of 10MB. It is important to write ‘Deputyship fee refund application’ in the subject line.

Claiming by Post

Send the form along with your evidence to:

Deputyship Fee Refunds
Office of the Public Guardian
PO Box 10796

Claiming by Telephone

Contact the helpline if you are unable to fill in the form yourself or claim by email. Even so, they would still need to receive some documents as evidence of a valid claim.

Deputyship Fee Refunds Helpline
Email: [email protected]
Telephone: 0300 456 0300 (choose option 6)
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday 9am to 5pm
Wednesday 10am to 5pm
Check phone call charges

After You Claimed a Fee Refund

The Office of the Public Guardian (OPG) will confirm (by email or letter):

  • When they received your application and whether any information is missing.
  • Whether your claim is successful, when they will pay it, and the amount that they are refunding.
  • Whether there is a claim rejection and the reasons behind it.

Note: Allow up to twelve (12) weeks for the processing of a claim. You should contact the Refunds Hotline if you want to appeal a rejected claim.

How to Claim a Deputyship Fee Refund in United Kingdom