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 low-income people whose primary income is from Employment and Support Allowance.

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.

The OPG does not collect data on the reasons for granting exemptions. The OPG does not have data on the number of persons in receipt of Employment and Support Allowance who may have ceased to qualify for exemption. Applications for an exemption are assessed on a case-by-case basis.

The table below shows the number of supervision fee exemptions and remissions in place over the past five financial years. Protected persons may be eligible for an extended award whereby an application for an exemption or remission of fees remains in place for up to three years. The volume of applications has remained relatively stable over the period. The figure reported for the 2025/26 financial year reflects data collected to date.