Regulation 9 ExemptionsI1
England and Wales
Subject to F1paragraphs (2) and (2A) F2the Public Guardian shall grant an exemption such that no fee shall be payable under these regulations where, on application for an exemption, reduction or remission, it is shown that, at the time when the fee would otherwise become payable, the relevant person is in receipt of any qualifying benefit.
Where the Public Guardian grants an exemption under paragraph (1) in respect of the following fees—
deputyship general supervision (regulation 8); or
guardianship supervision (regulation 8A);
that exemption shall be granted for a period that the Public Guardian sees fit, such a period not to exceed 3 years.
At the end of the exemption period granted under paragraph (1A) further application for an exemption, reduction or remission may be made under paragraph (1).
Paragraph (1) does not apply to a person who has an award of damages in excess of £16,000 which has been disregarded for the purposes of determining eligibility for that benefit.
Paragraph (1) does not apply to the office copy fees prescribed by regulations 4A and 5A.
For the purposes of regulation 4 the relevant person is the donor of the enduring power of attorney.
For the purposes of regulation 5 the relevant person is the donor of the lasting power of attorney.
For the purposes of regulation 6 the relevant person is the person making the application.
For the purposes of regulations 7 and 8 the relevant person is P.
For the purposes of regulation 8A the relevant person is the missing person.
The following are qualifying benefits for the purposes of paragraph (1)—
income support under the Social Security Contributions and Benefits Act 1992f1;
working tax credit, provided that—
child tax credit is being paid to the relevant person, or to a couple (as defined in section 3(5)(A) of the Tax Credits Act 2002f2) which includes the relevant person; or
there is a disability element or severe disability element (or both) to the F6... tax credit received by the relevant person;
income-based job-seeker’s allowance under the Jobseekers Act 1995f3;
guarantee credit under the State Pensions Credit Act 2002f4;
council tax benefit under the Social Security Contributions and Benefits Act 1992; F7...
housing benefit under the Social Security Contributions and Benefits Act 1992 F8; and
income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007.
Annotations
Textual amendments
- F1
Words in reg. 9(1) substituted (1.10.2011) by The Public Guardian (Fees, etc.) (Amendment) Regulations 2011 (S.I. 2011/2189), regs. 1, 8(a)
- F2
Words in reg. 9(1) substituted (31.7.2019) by The Public Guardian (Fees, etc) (Amendment) Regulations 2019 (S.I. 2019/1033), regs. 1, 6(a)
- F3
Reg. 9(1A)(1AA) inserted (31.7.2019) by The Public Guardian (Fees, etc) (Amendment) Regulations 2019 (S.I. 2019/1033), regs. 1, 6(b)
- F4
Reg. 9(2A) inserted (1.10.2011) by The Public Guardian (Fees, etc.) (Amendment) Regulations 2011 (S.I. 2011/2189), regs. 1, 8(b)
- F5
Reg. 9(6A) inserted (31.7.2019) by The Public Guardian (Fees, etc) (Amendment) Regulations 2019 (S.I. 2019/1033), regs. 1, 6(c)
- F6
Word in reg. 9(7)(b)(ii) omitted (1.10.2007) by virtue of The Public Guardian (Fees, etc) (Amendment) Regulations 2007 (S.I. 2007/2616), regs. 1, 2(2)
- F7
Word in reg. 9(7)(e) omitted (1.4.2009) by virtue of The Public Guardian (Fees, etc.) (Amendment) Regulations 2009 (S.I. 2009/514), regs. 1, 8(a)
- F8
Reg. 9(7)(g) and word inserted (1.4.2009) by The Public Guardian (Fees, etc.) (Amendment) Regulations 2009 (S.I. 2009/514), regs. 1, 8(b)