Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the gross annual income threshold for exemption from Office of the Public Guardian deputyship fees remaining unchanged for several years on people with incomes close to that threshold.

The Office of the Public Guardian (OPG) is in the early stages of reviewing criteria for exemption and remission of fees, including in relation to the gross annual income threshold for a 50% remission of fees. Any proposed changes to current processes will require an SI amendment to the Public Guardian (Fees, etc.) Regulations 2007.

The regulations currently allow for a 100% exemption of fees in relation to the supervision of deputyships, if the protected person is in receipt of one of a number of qualifying benefits, including Employment Support Allowance. This exemption applies regardless of the protected person’s income.

If the protected person is not in receipt of one of the qualifying benefits, they may nonetheless qualify for a 50% remission of fees if their annual income does not exceed £12,000. Furthermore, if the deputy can provide evidence that paying a fee would result in undue hardship for the protected person, then the Public Guardian can exceptionally reduce or remit the fee.