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Power of Attorney resmission wants turnover figure?

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  • Power of Attorney resmission wants turnover figure?

    Recently my husband and I applied for mutual Lasting Powers of Attorney, because we had seen the process elsewhere in the family and a legal friend advised that it is a good idea to have these in place even if you are not old and infirm.

    People with annual income of under 12,000 can apply for a "remission" (discount) of 50%, which would be 130 between the two of us.

    We applied for this with forms SA302 from HMRC, which certify your pre-tax income on the basis of your last tax returns.

    The Remissions department of the Office of the Public Guardian have refused this, saying we were misinformed (we weren't, we just read the instructions on the application process) and they need our TURNOVER figure to consider the application.

    They cannot explain (a kindly manager phoned me to try, though I have yet to receive a reply in writing) WHY someone working for themselves is to be assessed on the whole income of their business, instead of their personal income. I tried explaining that turnover is income before business costs and isn't drawable by individuals as their personal income (unless they want to go bankrupt quickly) but they have "internal guidelines" and that is the end of it. The view of HMRC on what your personal income (ie taxable income) is doesn't seem to matter. I cannot fathom why self employed people and small businesses should be treated in this way (it would never become an issue for the owner of a large business) nor can anyone explain to me. Yet the LPAs are an entirely personal registration, to give your next of kin permission to deal with your finances should you become incapacitated, not a business matter of any kind.

    Our turnover would "Just" exclude us from this remission, whereas our personal income is well below it.

    Someone somewhere perhaps knows what the thinking is behind this and why it is fair, but the gentleman at the OPG could not explain this, and neither can anyone else I have spoken to.

    (The actual LPAs have been registered OK.)

    Thank you for any pointers.
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