Attendance Allowance

Overview

Attendance Allowance helps with extra costs if you have a disability severe enough that you need someone to help look after you.

This guide is also available in Welsh (Cymraeg).

It (This guide)’s paid at 2 different rates and how much you get depends on the level of care that you need because of your disability.

You could get £60 or £89.60 a week to help with personal support if you’re both:

physically or mentally disabled

State Pension age or older

It (This guide) does not cover mobility needs.

The other benefits you get can increase if you get Attendance Allowance (This guide).

You do not have to have someone caring for you in order to claim.

If you do have a carer, they could get Carer’s Allowance if you have substantial caring needs.

What you'll get

Attendance Allowance (This guide) is paid weekly at 2 different rates - the one you get depends on the level of help you need.

Attendance Allowance (This guide) is not means-tested - what you earn or how much you have in savings will not affect what you get.

Attendance Allowance rates

Rate | Level of help you need

Lower rate - £60 | Frequent help or constant supervision during the day, or supervision at night

Higher rate - £89.60 | Help or supervision throughout both day and night, or you’re terminally ill

If your circumstances change, you could get a different rate. You must report a change of circumstances.

You could get extra Pension Credit, Housing Benefit or Council Tax Reduction if you get Attendance Allowance (This guide) - check with the helpline or office dealing with your benefit.

How you’re paid

All benefits are paid into your bank, building society or credit union account.

Eligibility

You can get Attendance Allowance (This guide) if you’ve reached State Pension age and the following apply:

you have a physical disability (including sensory disability, for example blindness), a mental disability (including learning difficulties), or both

your disability is severe enough for you to need help caring for yourself or someone to supervise you, for your own or someone else’s safety

you have needed that help (help caring for yourself or someone to supervise you) for at least 6 months (unless you’re terminally ill)

You must also:

be in Great Britain when you claim - there are some exceptions, such as members and family members of the armed forces

have been in Great Britain for at least 2 of the last 3 years (this does not apply if you’re a refugee or have humanitarian protection status)

be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands

not be subject to immigration control (unless you’re a sponsored immigrant)

If you live in the EU, Switzerland, Norway, Iceland or Liechtenstein

You might still be able to get Attendance Allowance if you’re a UK national and you live in or move to the EU, European Economic Area (EEA) or Switzerland.

Read guidance to find out if you can get benefits in the EU, EEA or Switzerland.

If you’re terminally ill

If you’re not expected to live for more than 6 months, there are ‘special rules’:

there’s no qualifying period for how long you’ve had your illness

if you’re eligible, you’ll automatically get the higher rate of Attendance Allowance

If you’re in a care home

You cannot usually get Attendance Allowance if you live in a care home and your care is paid for by your local authority. You can still claim Attendance Allowance if you pay for all your care home costs yourself.

If you need an assessment

You’ll only need to attend an assessment to check your eligibility if it’s unclear how your illness or disability affects you.

If you do need an assessment you’ll get a letter saying why and where you must go. During the assessment, a healthcare professional will need to examine you.

You cannot get Attendance Allowance if you already get Disability Living Allowance (DLA) or Personal Independence Payment (PIP).

How to claim

Use the Attendance Allowance claim form to apply by post. The form comes with notes telling you how to fill it in.

Send the completed form to:

You do not need a postcode or a stamp.

Call the Attendance Allowance helpline to ask for:

a copy of the form (the Attendance Allowance claim form)

alternative formats, such as braille, large print or audio CD

Backdating your claim

Attendance Allowance can be backdated to the date of your claim. This is usually the date your form is received or the date you call the enquiry line (if you then return the claim pack within 6 weeks).

If you’re terminally ill (‘special rules’)

There are ‘special rules’ so you get Attendance Allowance more quickly if you’re not expected to live more than 6 months. You must:

complete an Attendance Allowance form

ask a doctor or other healthcare professional for form DS1500 - they’ll either fill it in and give the form (an Attendance Allowance form) to you or send it (an Attendance Allowance form) directly to DWP

You can do this on behalf of someone else without their permission. The letter about the money awarded will not mention ‘special rules’.

If you disagree with a decision

You can challenge a decision about your claim. This is called asking for mandatory reconsideration.

Complaints

You can complain to the Department for Work and Pensions (DWP) (DWP) if you’re unhappy with the service you’ve received.

Report a change in circumstances

Your circumstances (circumstances) can affect how much Attendance Allowance you get.

You must contact the Attendance Allowance helpline straight away if:

the level of help you need or your condition changes

you go into hospital or a care home

you leave the country for more than 4 weeks

you go into prison

you change your name, address or bank details

you want to stop receiving your benefit

your doctor’s details change

your immigration status changes, if you’re not a British citizen

You could be taken to court or have to pay a penalty if you give wrong information or do not report a change in your circumstances.

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.


Reduced Earnings Allowance

Overview

If you cannot earn as much as you used to because of an accident or disease caused by your work, you could get up to £73.16 per week Reduced Earnings Allowance.

You can only get it (Reduced Earnings Allowance) for accidents that happened, or diseases that started, before 1 October 1990.

You may also be able to get Industrial Injuries Disablement Benefit (IIDB).

Effect on other benefits

Reduced Earnings Allowance could affect any income-related benefits that you or your partner get.

Contact the Barnsley Industrial Injuries Disablement Benefit (IIDB) centre for details.

What you'll get

You could get up to £73.16 per week.

What you get depends on how much you earn in your regular employment.

Ask the Barnsley Industrial Injuries Disablement Benefit (IIDB) centre about how much you can get.

Reduced Earnings Allowance will be replaced by another benefit called Retirement Allowance if both the following apply:

you reach State Pension age

you’re not in regular employment

How you’re paid

All benefits, pensions and allowances are paid into your bank, building society or credit union account.

Eligibility

You could get Reduced Earnings Allowance if you have an illness or disability caused by a work-related accident or disease that happened before 1 October 1990.

You must also meet all of the following criteria:

your level of disability is assessed to be at least 1%

you cannot return to your regular occupation

you cannot do other work with the same level of earnings as your regular occupation

Going abroad

If you leave the UK to live abroad permanently, you may not be able to get Reduced Earnings Allowance.

Check if you can get benefits if you move to the EU, European Economic Area (EEA) or Switzerland.

For temporary visits to countries outside the EEA (European Economic Area (EEA), you can usually claim for the first 3 months of your stay.

This (the first 3 months of your stay) can be longer in special circumstances - check with the International Pensions Centre to see if you qualify.

Your circumstances change

Tell the Barnsley Industrial Injuries Disablement Benefit (IIDB) centre straight away if your circumstances change, for example:

you stop or start work

you change your occupation

your earnings change

How to claim

You’ll need to fill in and post a claim form.

Contact the Barnsley Industrial Injuries Disablement Benefit (IIDB) centre to get a form.

The form (a form) comes with notes that will:

help you fill it (a form) in

tell you where to send it (a form)

Claim straight away or you might lose benefit.

Contact the Barnsley IIDB centre

Alternative formats

Call to ask for alternative formats, such as braille, large print or audio CD.


Carer's Allowance

How it works

You could get £67.60 a week if you care for someone at least 35 hours a week and they get certain benefits.

You do not have to be related to, or live with, the person you care for (someone).

You do not get paid extra if you care for more than one person.

If someone else also cares for the same person as you, only one of you can claim Carer’s Allowance.

Carer’s Allowance can affect the other benefits that you and the person you care for (someone) get. You have to pay tax on it (Carer’s Allowance) if your income is over the Personal Allowance.

This guide is also available in Welsh (Cymraeg).

Claiming Carer’s Allowance if you’re affected by coronavirus (COVID-19)

You can claim Carer’s Allowance if you provide care remotely during the coronavirus outbreak. This includes giving emotional support over the phone or online.

How you’re paid

You can choose to be paid weekly in advance or every 4 weeks.

It (Carer’s Allowance) will be paid into an account, for example your bank account.

What else you can get

For each week you get Carer’s Allowance you’ll automatically get National Insurance credits.

You may also be able to apply for:

support from your local council

a Council Tax Reduction

Universal Credit if you’re on a low income or out of work

Pension Credit if you’re over working age

grants and bursaries to help pay for courses and training

Income Support (if you get the severe disability premium and you’re on a low income)

income-based Employment and Support Allowance (if you get the severe disability premium and you cannot work)

If you live in Scotland and get Carer’s Allowance, you may also get Carer’s Allowance Supplement.

Get help and advice

You can get more help and advice from:

Carers UK

Carers Trust

Citizens Advice

NHS: Carers Direct helpline

Eligibility

You may be eligible for Carer’s Allowance if you, the person you care for (someone) and the type of care you provide meets certain criteria.

The person you care for

The person you care for (someone) must already get one of these benefits:

Personal Independence Payment - daily living component

Disability Living Allowance - the middle or highest care rate

Attendance Allowance

Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit

Constant Attendance Allowance at the basic (full day) rate with a War Disablement Pension

Armed Forces Independence Payment

The type of care you provide

You need to spend at least 35 hours a week caring for someone. This can include:

helping with washing and cooking

taking the person you care for (someone) to a doctor’s appointment

helping with household tasks, like managing bills and shopping

If you or the person you care for (someone) are affected by coronavirus, you can still claim Carer’s Allowance if you provide care remotely. This includes giving emotional support over the phone or online.

Your eligibility

All of the following must apply:

you’re 16 or over

you spend at least 35 hours a week caring for someone

you’ve been in England, Scotland or Wales for at least 2 of the last 3 years (this does not apply if you’re a refugee or have humanitarian protection status)

you normally live in England, Scotland or Wales, or you live abroad as a member of the armed forces (you might still be eligible if you’re moving to or already living in an EEA country or Switzerland)

you’re not in full-time education

you’re not studying for 21 hours a week or more

you’re not subject to immigration control

your earnings are £128 or less a week after tax, National Insurance and expenses

If your earnings are sometimes more than £128 a week you might still be eligible for Carer’s Allowance. Your average earnings may be calculated to work out if you’re eligible.

Calculating your earnings

Your earnings are any income from employment and self-employment after tax, National Insurance and expenses.

Expenses can include:

50% of your pension contributions

equipment you need to do your job, for example specialist clothing

travel costs between different workplaces that are not paid for by your employer, for example fuel or train fares

business costs if you’re self-employed, for example a computer you only use for work

If you pay a carer to look after the disabled person or your children while you work, you can treat care costs that are less than or equal to 50% of your earnings as an expense. The carer must not be your spouse, partner, parent, child or sibling.

Payments that do not count as earnings include:

money received from an occupational or private pension

contributions towards your living or accommodation costs from someone you live with (they cannot be a tenant or boarder)

the first £20 a week and 50% of the rest of any income you make from someone boarding in your home

a loan or advance payment from your employer

If you get State Pension

You cannot get the full amount of both Carer’s Allowance and your State Pension (State Pension) at the same time.

If your pension is £67.60 a week or more, you will not get a Carer’s Allowance payment.

If your pension is less than £67.60 a week, you’ll get a Carer’s Allowance payment to make up the difference.

If you get Pension Credit

If your State Pension (State Pension) is more than £67.60 a week, you will not get a Carer’s Allowance payment but your Pension Credit payments will increase instead.

If you’re not eligible

You might be eligible for Carer’s Credit if you’re not eligible for Carer’s Allowance.

Effect on other benefits

Carer’s Allowance can affect the other benefits that both you and the person you care for get.

Effect on the benefits of the person you care for

When you claim Carer’s Allowance, the person you care for will stop getting:

a severe disability premium paid with their (the person you care for) benefits

an extra amount for severe disability paid with Pension Credit, if they (the person you care for) get one

They (the person you care for) might also stop getting reduced Council Tax. Contact their (the person you care for) local council to find out if this affects them (the person you care for).

Effect on your benefits

When you claim Carer’s Allowance your other benefit payments may change, but your total benefit payments will usually either go up or stay the same.

Carer’s Allowance does not count towards the benefit cap.

If you get Working Tax Credit or Child Tax Credit, you must contact HM Revenue and Customs (HMRC) to tell them about your Carer’s Allowance claim.

If you get Pension Credit, your payments will increase if you’re eligible for Carer’s Allowance.

If you delay claiming your State Pension, this could increase the State Pension payments you get when you decide to claim it. You cannot build up extra State Pension during any period you get Carer’s Allowance.

Use a benefits calculator to work out how your other benefits will be affected.

Make a claim

Before you apply make sure you have your:

National Insurance number (if you have a partner you’ll need theirs too)

bank or building society details (unless you get your State Pension)

employment details and latest payslip if you’re working

P45 if you’ve recently finished work

course details if you’re studying

details of any expenses, for example pension contributions or the cost of caring for your children or the disabled person while you’re at work

You also need details of the person you care for. You need their:

date of birth and address

National Insurance number if they (the person you care for)’re 16 or over

Disability Living Allowance reference if they (the person you care for)’re under 16

You can backdate your claim by up to 3 months.

Apply now

Other ways to apply

If you cannot apply online, you can apply by post. The address to send your application to is at the end of the form.

If you disagree with a decision

You can challenge a decision about your claim. This is called asking for mandatory reconsideration.

Report a change in circumstances

You must report changes in your circumstances if you’re claiming or have applied for Carer’s Allowance.

Changes can include:

starting a job

starting or ending full-time education

changes to your income

stopping being a carer

the person you care for no longer getting their (the person you care for) disability benefit

someone else who cares for the same person (the person you care for) claiming Carer’s Allowance instead of you

someone else who cares for the same person (the person you care for) claims the carer’s element of Universal Credit

changes to your immigration status, if you’re not a British citizen

You must tell the Department for Work and Pensions if the person you’re caring for (the person you care for) dies.

You could be taken to court or have to pay a penalty if you give wrong information or do not report a change in your circumstances.

If you temporarily stop providing care for someone

You can still get Carer’s Allowance if you temporarily stop providing care. This means any period when you spend less than 35 hours a week caring for the other person.

The person you care for must still receive their (the person you care for) disability benefit.

You must tell DWP (the Department for Work and Pensions) if you temporarily stop providing care and:

you or the person you care for will be in hospital, a nursing home, or respite care for more than 12 weeks

you stop caring for more than 28 days for any other reason

If you’ve been paid too much

You may have to repay the money if you:

did not report a change straight away

gave wrong information

were overpaid by mistake

Find out how to repay the money you owe from benefit overpayment.

If you’re working

You can work and get Carer’s Allowance, as long as you spend at least 35 hours in your caring role.

You can get support for you or the person you care for from your employer, local councils and other organisations.

Time off for an emergency

You can ask your employer for time off to deal with an emergency involving someone else who depends on you for care. How much time off you get depends on your situation.

If you do not qualify for time off, your employer may allow you ‘compassionate leave’ for emergency situations.

Flexible working

If you need to work more flexibly, for example work part-time or work from home, you can request flexible working.

You do not have to tell your employer about your caring role or give another reason why you need to work more flexibly.

Respite care or ‘short break’ care

If you need someone to help look after the person you care for while you’re at work, you can apply for respite care (also known as ‘short break’ care).

Respite care options include:

getting a paid carer or a volunteer to sit with the person you look after (the person you care for) for a few hours

a regular place in a day care centre for the person you care (the person you care for) for

Your local council may pay for respite care but you and the person you care for will need an assessment before you can apply.

Contact your local authority for information about local support.

Advice on starting work

If you need help starting or returning to work, contact your local Jobcentre Plus for help on how to combine work with your caring responsibilities.


Mortgage Interest Run On

Overview

Mortgage Interest Run On is extra money you can get towards your housing costs if certain other benefits are stopping because you’re:

returning to work full-time

working more hours

earning more money

You can get this help for 4 weeks.

What you'll get

If you’re eligible and were getting Support for Mortgage Interest before your work situation changed, you’ll usually continue to get the same amount as you were getting before your benefits stopped.

Payments for your mortgage or loan interest will be paid direct to you instead of to your lender.

Eligibility

You can claim Mortgage Interest Run On if you’ve stopped getting income-based Jobseeker’s Allowance, Income Support or income-related Employment and Support Allowance because you’re:

returning to work full-time

working more hours

earning more money

All of the following must also apply:

you’ve been claiming the benefit continuously for at least 26 weeks

you expect the work (or more money) to last for 5 weeks or more

you were entitled to help with your housing costs before your work started and you’ll still have these costs when you start work

How to claim

You don’t need to apply - you should get Mortgage Interest Run On automatically. You just need to let your Jobcentre Plus office know as soon as you’re starting work.


Get help with funeral costs (Funeral Expenses Payment)

How it works

You could get a Funeral Expenses Payment (also called a Funeral Payment) if you get certain benefits and need help to pay for a funeral you’re arranging.

This guide is also available in Welsh (Cymraeg).

If you live in Scotland

You can apply for a Funeral Support Payment. It has replaced Funeral Expenses Payment in Scotland.

If you receive money from the deceased’s estate

Your Funeral Expenses Payment will be deducted from any money you get from the deceased’s estate.

The estate (the deceased’s estate) includes any money or property they (the deceased’s) had but not a house or personal things left to a widow, widower or surviving civil partner.

What you’ll get

Funeral Expenses Payment can help pay for some of the costs of the following:

burial fees for a particular plot

cremation fees, including the cost of the doctor’s certificate

travel to arrange or go to the funeral

the cost of moving the body within the UK, if it’s being moved more than 50 miles

death certificates or other documents

You can also get up to £1,000 for any other funeral expenses, such as funeral director’s fees, flowers or the coffin.

The payment (Funeral Expenses Payment) will not usually cover all of the costs of the funeral.

How much you get depends on your circumstances. This (Funeral Expenses Payment) includes any other money that’s available to cover the costs, for example from an insurance policy or the deceased person’s (the deceased’s) estate (the deceased’s estate).

Check the claim form notes for full details of what Funeral Expenses Payment covers.

If the deceased had a pre-paid funeral plan, you can only get up to £120 to help pay for items not covered by their plan.

How the money is paid

Funeral Expenses Payment is paid into your bank, building society or credit union account if you’ve already paid for the funeral.

The money will be paid directly to the organiser of the funeral (for example, the funeral director) if you have not paid yet.

Eligibility

You can get a Funeral Expenses Payment if all of the following apply:

you get certain benefits or tax credits

you meet the rules on your relationship with the deceased

you’re arranging a funeral in the UK, the European Economic Area (EEA) or Switzerland

You might be able to get other help to pay for the funeral if you’re not eligible for Funeral Expenses Payment.

Benefits and tax credits you must get

You (or your partner) must get one or more of the following:

Income Support

income-based Jobseeker’s Allowance

income-related Employment and Support Allowance

Pension Credit

Housing Benefit

the disability or severe disability element of Working Tax Credit

Child Tax Credit

Universal Credit

You might also be eligible if you’re getting a Support for Mortgage Interest loan.

You can still claim Funeral Expenses Payment if you’ve applied for these benefits and you’re waiting to hear about your claim.

If you were responsible for a deceased child but you’re not their parent, the non-resident parent must get one or more of these benefits.

If there’s a close relative of the deceased who is not getting one of these benefits, you might not be able to claim Funeral Expenses Payment.

Rules on your relationship with the deceased

You must be one of the following:

the partner of the deceased when they (the deceased) died

a close relative or close friend of the deceased

the parent of a baby stillborn after 24 weeks of pregnancy

the parent or person responsible for a deceased child who was under 16 (or under 20 and in approved education or training)

You might not get a Funeral Expenses Payment if another close relative of the deceased (such as a sibling or parent) is in work.

If the funeral will take place in the EEA or Switzerland

Contact the Social Fund to check if you’re eligible.

Make a claim

You must apply within 6 months of the funeral, even if you’re waiting for a decision on a qualifying benefit.

You can make a claim before the funeral if you’ve got an invoice or signed contract from the funeral director. It cannot be an estimate.

If you get Universal Credit, you will not get a decision on your claim until after your next payment.

There’s a different way to claim if you live in Northern Ireland.

How to claim

Claim by phone by calling the Bereavement Service helpline.

An adviser will also help you claim any other bereavement benefits you might be entitled to.

You can also claim by post. Download and fill in the claim form (SF200), then send it to the address on the form.

Appeal a Funeral Expenses Payment decision

You can appeal to the Social Security and Child Support Tribunal if you disagree with a decision about Funeral Expenses Payment.


Your benefits, tax and pension after the death of a spouse

Tax and National Insurance

Your income will probably change after the death of your husband, wife or civil partner.

If you get extra money from pensions, annuities, benefits or an inheritance, you may need to pay more tax. You may be on a lower income and need to pay less tax.

Your tax allowances - the income you do not pay tax on - may also change.

Income you must report

Tell HMRC if you get:

interest from a bank, building society or a National Savings and Investment product, eg pensioner income, capital bonds

income from letting out property

income from Purchased Life Annuities

Widowed Parent’s Allowance or Bereavement Allowance

Carer’s Allowance

foreign pension payments

other income that should have been taxed but has not been

You do not need to tell HMRC about:

income your employer pays tax on through PAYE

income from a private pension

income which does not get taxed, eg from an Individual Savings Account (ISA)

any income if you’ll reach State Pension age within 4 months

getting Jobseeker’s Allowance (JSA), Incapacity Benefit, Employment and Support Allowance (ESA) or Bereavement Support Payment

How to tell HMRC

Tell HMRC about a change in your income:

in your next Self Assessment tax return, if you’re registered for Self Assessment

by phone

Tax allowances

If you pay Income Tax, you’ll have a Personal Allowance - income you do not pay tax on. Your allowance may change if your income changes.

HMRC will automatically adjust your Personal Allowance (Your allowance) when you tell them (HMRC) about your change of income.

Married Couple’s Allowance

If you or your husband, wife or civil partner were born before 6 April 1935, you may have been claiming Married Couple’s Allowance. You’ll still get the allowance (Married Couple’s Allowance) for the current tax year (up to 5 April) but HMRC will automatically stop it (Married Couple’s Allowance) after that and you’ll get just your Personal Allowance.

Blind Person’s Allowance

If your husband, wife or civil partner was claiming Blind Person’s Allowance, ask HMRC to transfer what’s left of their Blind Person’s Allowance for the current tax year (up to 5 April) to you.

Reduced rate National Insurance

If you’re a widow and you were married before April 1977, you might be paying a reduced rate of National Insurance (sometimes called the ‘small stamp’).

You may be able to keep paying the reduced rate (Reduced rate National Insurance). Contact HMRC to find out what you should do.

Benefits

You’ll have to make new claims for some benefits that your husband, wife or civil partner was claiming for your family.

You may also be able to claim other benefits to help with your bereavement or if you’re on a lower income because of the death.

Bereavement benefits

You may be able to get:

Funeral Expenses Payment - to help towards the cost of a funeral if you’re on a low income

Bereavement Support Payment - if your husband, wife or civil partner died on or after 6 April 2017

Widowed Parent’s Allowance - if your husband, wife or civil partner died before 6 April 2017 and you have at least one dependent child

Phone the Department for Work and Pensions (DWP) Bereavement Service to check if:

you can get bereavement benefits

the death (died) will affect any other benefits you’re already claiming

You’ll have to make new claims for Child Benefit and tax credits if your husband, wife or civil partner was claiming them.

Child Benefit

You’ll need to make a new claim for Child Benefit if you were not the person named as the claimant on the original claim form.

Tax credits

You should tell the Tax Credit Office about the death within one month if you have not already heard from them. Phone the Tax Credit Helpline to report the death.

If your income is lower

You may be able to get benefits if you’re on a lower income following the death of your  husband, wife or civil partner. Use a benefits calculator to work out what benefits you can get and find out how to claim.

You may also be able to apply for:

Winter Fuel Payment - if you were born on or before 5 July 1952

Cold Weather Payment - if you’re on a low income

Warm Home Discount Scheme

You may have to pay Income Tax on some benefits you claim.

Pensions

You may be able to get extra pension payments from your husband, wife or civil partner’s pension or National Insurance contributions.

State Pension

You need to be over State Pension age to claim extra payments from your husband, wife or civil partner’s State Pension.

What you get and how you claim will depend on whether you reached State Pension age before or after 6 April 2016.

Contact the Pension Service to check what you can claim.

If you reached State Pension age before 6 April 2016

You’ll get any State Pension based on your husband, wife or civil partner’s National Insurance contribution when you claim your own pension.

You will not get it if you remarry or form a new civil partnership before you reach State Pension age.

If you reached State Pension age on or after 6 April 2016

You’ll receive the ‘new State Pension’ and you may be able to inherit an extra payment on top of your pension.

Private pensions

You may get payments from your husband, wife or civil partner’s workplace, personal or stakeholder pension - it will depend on the pension scheme. Contact the pension scheme to find out.

You’ll have to pay tax on those payments if the  pension provider does not pay it for you.

War Widow’s or Widower’s Pension

You may be able to get War Widow’s or Widower Pension - if your husband, wife or civil partner died because of their service in the Armed Forces or because of a war.


Correct a birth registration

What corrections can be made

You can apply for a birth registration correction when the information is wrong - for example if a mistake was made when recording a parent’s occupation.

You cannot apply for a correction to show new information if circumstances change after you’ve registered your child’s birth, for example if you change your name after getting married again.

However, you can apply to re-register the birth (your child’s birth) if the natural parents get married at a later date.

Removing the wrong father’s details

You can apply to change who the recorded father is if you can prove that the man named on the certificate is not the natural father of the child (your child’s). Examples of proof include:

a DNA test record from an approved tester

a court order

evidence that confirms the name of the true biological father

other evidence that confirms the recorded father could not have been the child’s (your child’s) natural father

What happens if you change gender

If you get your gender change (change) legally recognised, you’ll be able to order a new birth certificate with your new gender on it.

What the correction looks like

If your application is approved, a correction is made in the register in the office for the area where your child was born.

The original information will always be shown in the register. After the correction has been authorised, a note will be added to the margin of the register. This will explain what the correct information is and when the correction was made.

All full birth certificates that are issued after the correction will include the note (a note) in the margin.

Short birth certificates only include the child’s details and will not have a note in the margin - they just show any correct new details.

Who can apply

The following people can apply for a correction:

the mother

the father (if his details are on the certificate)

If you’re applying to change a child’s name and both parents are named on the certificate, both must sign the application form.

The child named on the certificate may be able to apply for a correction if their parents (both parents) are not available.

Removing the wrong father’s details

It is not always necessary for the named father to take part in the correction process. The General Register Office (GRO) can correct the entry if 2 of the following people apply to have it changed:

the mother

the natural father

the man named on the birth certificate as the father

At least one of these (2 of the following people) must sign the application form.

You need to provide contact addresses for the mother, the man named as the father on the certificate and the true biological father (if he took part in a DNA test).

How to apply

It costs £75 or £90 to apply to correct a mistake in a birth registration.

Contact the register office where your child’s birth was registered to find out how to send your application, the cost and how to pay.

Fill in the relevant application form and send it to the register office (the register office where your child’s birth was registered):

correct details on a birth registration

remove incorrect father’s details from a birth registration

There’s a different process for correcting registrations made in Northern Ireland and Scotland.

Proving the registration is wrong

You’ll need to show that the information given at the time of the registration was wrong. You must send in documents with your application that show what the correct information should have been. These documents should be valid or dated around the time your child was born.

Documents you can send in include a:

passport

photocard driving licence

bank, building society or credit card statement

letter from a hospital or doctor

letter from a government department

If you are not able to send in proof, corrections cannot usually be made.

All certified copies sent with the application (your application) will be destroyed if you do not ask for them to be returned.

Proof the wrong father is on the certificate

You’ll need to prove that the man named on the certificate is not the natural father of the child (your child’s). Examples of proof include:

a court order

Sending in certified documents

You should only send in documents that have been certified as true copies of the original.

Witnessing the correction

If the correction is being made at your register office, you need to arrange an appointment with them. When you go in you’ll witness the correction and sign the note made in the birth register.

If you’re applying to the General Register Office (GRO) to make the correction, you can say on the application form if you want to witness the correction.

Statutory declaration

If you’re applying to correct a serious mistake (such as the name of a person), the GRO (the General Register Office (GRO)) may ask you to make a ‘statutory declaration’ about the correction and send it to them (the General Register Office (GRO)). This means you have to make a legal statement in front of someone like a judge or solicitor that they must sign (sometimes called ‘attesting an oath’).

If you make a statutory declaration, you will not have to witness the correction.

You may have to pay a fee for a statutory declaration.

How long applications take

There is no set time for how long applications will take. It can take up to 25 days for you to get a reply.

Advice

If you want further advice on applying to make a correction, contact the register office or the General Register Office (GRO).


Register a birth

Overview

You may not be able to register a birth at the moment because of coronavirus (COVID-19). You’ll be able to register at a later date.

Find out if you can register a birth now by:

contacting the local register office

asking at the hospital where the baby was born before the mother leaves

There are different rules for registering a birth in Scotland, registering a birth in Northern Ireland and registering a birth abroad.

Information you need when registering a birth

When registering the birth (a birth), you should know:

place and date of the birth

name, surname and sex of the baby

parents’ names, surnames and address

places and dates of parents’ birth

date of parents’ marriage or civil partnership

parents’ jobs

mother’s (the mother) maiden surname

What you should take

If you can register the birth (a birth), you should take at least one form of identification when you go to the register office (the local register office). You can use:

passport

birth certificate

deed poll

driving licence

proof of address (for example, a utility bill)

Council Tax bill

marriage or civil partnership certificate

You should also take your child’s personal child health record or ‘red book’ as some registrars may ask to see it.

If you’re going to the register office (the local register office) on your own, you may need proof of paternity from the other parent before you give their details.

Organisations you need to contact

Having a child might affect your tax, your benefits and services from your local council.

The Tell Us Once service can report a birth to the Department for Work and Pensions (DWP) and your local council in one go. The registrar will let you know if this service is available in your area.

When you go to a Tell Us Once appointment, you’ll be asked about:

the people who’ll be named on the birth register

any partners that live with them

For each person, you’ll need to know:

their address and phone number

their date of birth

their National Insurance number

details of any benefits they get or have applied for

If the Tell Us Once service is not available in your area, you’ll need to contact Jobcentre Plus and your local council about your benefits and services.

After the birth is registered

Once you’ve registered the birth, you may be able to claim:

Child Benefit

Child Tax Credit

Who can register a birth

Opposite-sex couples

Married or civil-partner parents

Either parent can register the birth (a birth) on their own. They can include both parents’ details if they were married or in a civil partnership when the baby was born or conceived.

Unmarried parents

The details of both parents (both parents’) can be included on the birth certificate if one of the following happens:

they (both parents’) sign the birth register together

one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth

one parent goes to register the birth with a document from the court (for example, a court order) giving the father (one parent) parental responsibility

The mother can choose to register the birth without the child’s (the baby) father if they (both parents’)’re not married or in a civil partnership. The father’s (one parent) details (The details of both parents (both parents’)) will not be included on the birth certificate.

It might be possible to add the father’s (one parent) details (The details of both parents (both parents’)) at a later date by completing an application for the re-registration of a child’s birth.

Same-sex female couples

Female couples can include both their names on their child’s birth certificate when registering the birth.

Married or civil-partner parents

Either parent can register the birth on their own if all of the following are true:

the mother has a child by donor insemination or fertility treatment

she (The mother) was married or in a civil partnership at the time of the treatment (donor insemination or fertility treatment)

Unmarried, non-civil-partner parents

When a mother is not married or in a civil partnership, her partner can be seen as the child’s (the baby) second parent if both women:

are treated together in the UK by a licensed clinic

have made a ‘parenthood agreement’

However, for both parents’ details to be recorded on the birth certificate, they (both parents’) must do one of the following:

register the birth jointly

complete a ‘Statutory declaration of acknowledgement of parentage’ form and one parent takes the signed form when she registers the birth

get a document from the court (for example, a court order) giving the second female parent parental responsibility and one parent shows the document (a ‘Statutory declaration of acknowledgement of parentage’ form) when she (one parent) registers the birth

Same-sex male couples

Male couples must get a parental order from the court before they can be registered as parents.

Other people who can register a birth

If the parents cannot register the birth (a birth) (for example, for medical reasons), certain other people can do it (register):

someone who was present at the birth (a birth)

someone who is responsible for the child

a member of the administrative staff at the hospital where the child was born

Birth certificates

You may not get a certificate straight away because of coronavirus (COVID-19). The register office will tell you when you can get a certificate.

There are 2 types of birth certificate:

the short version, which contains only the baby’s details

the full version, which also contains the parents’ details

Once you have registered the birth (a birth), you’ll be able to buy a short or full certificate for your baby. Both kinds cost £11.


Change or cancel a presumption of death certificate

Overview

You can make a claim to cancel (‘revoke’) or change (‘vary’) the details of a declaration of presumed death from the High Court if you can prove the missing person:

is still alive

died at a time earlier or later than the time of death in the original declaration (a declaration of presumed death)

You can also make a claim if you can prove there are other circumstances that mean the declaration of presumed death (a declaration of presumed death) should be cancelled or changed.

The rules are different in Scotland and Northern Ireland.

Fees

It costs £480 to change or cancel a declaration of presumed death. Read the fees leaflet to find out when you might not have to pay.

Make a claim for a declaration of presumed death

You can make a claim yourself or use a legal representative.

Make your claim (a claim).

Advertise your claim (a claim) in a newspaper.

Attend a hearing.

Make a claim

Download and fill in claim form N208.

You’re known as the ‘claimant’ if you’re making the claim (a claim for a declaration of presumed death).

Read the guidance on filling in form N208 (claim form N208). Include all the information asked for in ‘claim for variation order’ in your application.

Send the claim (a claim for a declaration of presumed death) to a court that can hear High Court cases.

You should include:

N208 form - one copy for each person named in the form (claim form N208) plus a copy for the court (a court that can hear High Court cases)

the claim fee of £480 - make your cheque payable to ‘HM Courts and Tribunals Service’

The court (a court that can hear High Court cases) will stamp your form (claim form N208) with an issue date and keep one copy of your N208 form (claim form N208). You’ll get the other copies back, along with ‘acknowledgement of service’ forms and a case number.

Send copies of your claim to other people

Send a copy of form N208 (claim form N208) with an acknowledgment of service form within 7 days of the issue date the court (a court that can hear High Court cases) has put on the form (an issue date) (claim form N208) to:

the person who made the original claim

the missing person’s spouse or civil partner, parents, children and siblings - if none of these are alive, send it (claim form N208) to the missing person’s nearest relative

any other person or organisation who might have an interest, eg an insurance company

You must advertise your claim in a newspaper within 7 days.

Advertise your claim in a newspaper

You must advertise your claim in a newspaper local to the missing person’s last known address.

Place the advert within 7 days of the issue date stamped on the claim form (an issue date) (claim form N208).

Use standard text for the advert

Use the following text. You’ll need to delete some words and replace others in the square brackets with the right details.

Standard text

“In the High Court of Justice  [Chancery]     [Family]   Division

Case number [insert case number]

In the matter of an application for a declaration of the presumed death of   [insert the missing person’s name].

A claim has been issued in the High Court of Justice (a court that can hear High Court cases), for a variation of a declaration that   [insert missing person’s name]   whose last known address was   [insert missing person’s (the missing person’s) address]   is presumed to be dead. Any person having an interest may apply to the court (a court that can hear High Court cases) to intervene in the matter.

If you wish to apply to the court (a court that can hear High Court cases), you should do so at   [court address]   as soon as possible, and if possible within 21 days of the date of this notice. Delay may harm your prospects of being able to intervene.

(If the claimant is legally represented)
  [Name of the claimant’s legal representative]
  [Address of the claimant’s legal representative]
  (If the claimant is not legally represented)
  [Claimant’s address for service]”

You’re known as the ‘claimant’ if you’re making the claim (A claim).

Send a copy to the court (a court that can hear High Court cases)

Send the court (a court that can hear High Court cases) a copy of the newspaper page showing the advertisement. It must arrive at least 5 days before your court hearing.

Attend a hearing

You’ll have to attend a hearing about your claim (A claim) with a High Court judge - this should be within 2 months of making your claim (A claim).

Bring any relevant documents.

Your claim (A claim) may be challenged by someone who’s received a copy of the claim form or seen the advert (the advertisement).

At the hearing (a hearing about your claim (A claim) with a High Court judge) you might:

be asked for more information - the court (a court that can hear High Court cases) will tell you how to get a court order if someone’s refusing to give you information you need

be told there has to be another hearing - there may be several hearings before a decision is made

If the court (a court that can hear High Court cases) agrees with your application, you’ll get the order (a court order) changed or cancelled at the hearing or by letter later.

Get a certificate of presumed death

Apply to the General Register Office for a certificate of presumed death.

You can only do this (Apply) after you have a declaration of presumed death that is not appealed and the time for appealing against the decision has passed.

You can usually apply for the certificate (a certificate of presumed death) 21 days after you get the declaration (a declaration of presumed death that is not appealed), unless there’s an appeal or an application for permission to appeal the decision.

The certificate (a certificate of presumed death) can be used like a normal death certificate, eg to deal with a missing person’s estate.

It (a certificate of presumed death) costs £9.25.

The certificate (a certificate of presumed death) will state when the missing person (a missing person’s) is presumed to have died.

Call the General Register Office to get a certificate.

Appeal a decision

Call or write to the Civil Appeals Office to appeal against the High Court’s (a court that can hear High Court cases) decision (the decision).

Make a complaint

Use the complaints guidance if you’re not happy with the way you’ve been treated.

You cannot complain about the decision.


Making a will

Overview

Your will lets you decide what happens to your money, property and possessions after your death.

If you make a will you can also make sure you do not pay more Inheritance Tax than you need to.

You can write your will yourself, but you should get advice if your will is not straightforward.

You need to get your will formally witnessed and signed to make it (Your will) legally valid.

If you want to update your will, you need to make an official alteration (called a ‘codicil’) or make a new will.

If you die without a will, the law decides who gets what.

Write your will

Your will should set out:

who you want to benefit from your will (a will)

who should look after any children under 18

who is going to sort out your estate and carry out your wishes after your death (your executor)

what happens if the people you want to benefit die before you

You can also include a charity in your will.

When you need legal advice

You can get advice from a professional if your will is not straightforward, for example:

you share a property with someone who is not your husband, wife or civil partner

you want to leave money or property to a dependant who cannot care for themselves

you have several family members who may make a claim on your will, such as a second spouse or children from another marriage

your permanent home is outside the UK

you have property overseas

you have a business

Keep your will safe

You can keep your will at your home or store it (Your will) with:

your solicitor

your bank

a company that offers the storage of wills - you can search online

the London Probate Service

Read full guidance on storing your will with the Probate
Service (the London Probate Service).

You should tell your executor (the person you’ve chosen to carry out your will), a close friend or relative where your will is.

Make sure your will is legal

For your will to be legally valid, you must:

be 18 or over

make it (Your will) voluntarily

be of sound mind

make it (Your will) in writing

sign it (Your will) in the presence of 2 witnesses who are both over 18

have it (Your will) signed by your 2 witnesses (2 witnesses who are both over 18), in your presence

Signing can be witnessed both in person and remotely (for example by video conferencing). In both cases:

you must have a clear view of the person and the act of signing

the will maker (or person authorised to sign on their (the person) behalf) and witnesses must sign the same document

You can only sign remotely in England or Wales.

If you make any changes to your will you must follow the same signing and witnessing process.

You cannot leave your witnesses (or their married partners) anything in your will.

Update your will

You should review your will every 5 years and after any major change in your life, for example:

getting separated or divorced

getting married (this cancels any will you made before)

having a child

moving house

if the executor named in the will (Your will) dies

Making changes to your will

You cannot amend your will after it (Your will)’s been signed and witnessed. The only way you can change a will is by making an official alteration called a codicil.

You must sign a codicil and get it witnessed in the same way as witnessing a will.

There’s no limit on how many codicils you can add to a will.

Making a new will

For major changes you should make a new will.

Your new will (a new will) should explain that it (a new will) revokes (officially cancels) all previous wills and codicils. You should destroy your old will by burning it or tearing it up.


Business Relief for Inheritance Tax

Overview

Business Relief reduces the value of a business or its assets when working out how much Inheritance Tax has to be paid.

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

You can get Business Relief of either 50% or 100% on some of an estate’s (the estate) business assets, which can be passed on:

while the owner is still alive

as part of the will

How to claim relief

As the executor of the will or administrator of the estate, you can claim Business Relief when you’re valuing the estate.

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset (a business) when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled

land, buildings or machinery used in the business and held in a trust that it (the deceased) has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they (the deceased) died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being sold, unless the sale is to a company that will carry on the business and the estate will be paid mainly in shares of that company

is being wound up, unless this is part of a process to allow the business of the company (the business) (the business) to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

wasn’t used mainly for business in the 2 years before it (an asset) was either passed on as a gift or as part of the will

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

You may be able to get Business Relief on a transfer of agricultural property (eg farmland, buildings or farm equipment) which isn’t eligible for agricultural relief.

Give away business property or assets

Someone can give away business property or assets while they’re still alive and the estate can still get Business Relief on Inheritance Tax, as long as the property or assets (the business or asset) qualify.

How to get Business Relief on a gift

If someone gives away business property or assets, the recipient must keep them as a going concern until the death of the donor if they want to keep the relief (Business Relief).

They (the recipient) can:

replace the property or assets - like machinery - with something of equal value if it’s for use in the business

only get relief if the donor owned the business or asset for at least 2 years before the date it (the business or asset) was given

When is a gift no longer liable for Inheritance Tax

Any gift made more than 7 years before the donor’s death doesn’t count towards their estate for Inheritance Tax purposes.

You may have to pay Capital Gains Tax or Income Tax if you sell, give away or exchange (‘dispose of’) an asset or property if it’s gone up in value during the time you owned it.


Child Trust Fund

Overview

A Child Trust Fund (CTF) is a long-term tax-free savings account for children.

You cannot apply for a new Child Trust Fund because the scheme is now closed. You can apply for a Junior ISA instead.

This guide is also available in Welsh (Cymraeg).

If you already have a Child Trust Fund

You can continue to add up to £9,000 a year to your CTF (A Child Trust Fund (CTF)) account. The money belongs to the child and they can only take it out when they’re 18. They can take control of the account when they’re 16.

There’s no tax to pay on the CTF (A Child Trust Fund (CTF)) income or any profit it (A Child Trust Fund (CTF)) makes. It will not affect any benefits or tax credits you receive.

Managing the account (your CTF (A Child Trust Fund (CTF)) account)

If you’re the main contact for the Child Trust Fund (CTF) account (your CTF (A Child Trust Fund (CTF)) account) you’re called the ‘registered contact’. You have certain responsibilities until the child turns 18, or until the child takes control of their (the child) own account.

Your responsibilities as the registered contact

You’re the only person who can:

tell the account provider how to invest the fund and run the account (your CTF (A Child Trust Fund (CTF)) account)

change the address and other personal details

change the type of account, for example from cash to stocks and shares

move the account (your CTF (A Child Trust Fund (CTF)) account) to another provider

Contact your CTF (A Child Trust Fund (CTF)) provider to do this (move).

Moving to a different account

You can transfer a CTF (A Child Trust Fund (CTF)) account to a Junior ISA. Contact a Junior ISA provider to do this.

Records you need to keep

Keep the following paperwork:

your child’s Unique Reference Number (you’ll find this on your annual CTF (A Child Trust Fund (CTF)) statement)

the account statements

details of the account type and the provider

Change a registered contact

You can change the registered contact (a registered contact) to someone with parental responsibility for the child, like a parent, step-parent or legal guardian if both parties agree to this.

Your CTF (A Child Trust Fund (CTF)) provider can tell you how to change the registered contact of a CTF (A Child Trust Fund (CTF)) account.

When your child is 16 or 18

Once your child turns 16, they (your child) can either:

take over the account (a CTF (A Child Trust Fund (CTF)) account) by contacting the CTF (A Child Trust Fund (CTF)) provider (your CTF (A Child Trust Fund (CTF)) provider)

leave you in charge of the account (a CTF (A Child Trust Fund (CTF)) account)

When the child (your child) turns 18, they (your child) take over the account (a CTF (A Child Trust Fund (CTF)) account) and can take out the money.

If your child lacks the mental capacity to manage their account (a CTF (A Child Trust Fund (CTF)) account) when it matures

You, or a close friend or relative, need to apply to the Court of Protection (COP) for a financial deputyship order so you can manage your child’s account when they turn 18. Once the account (a CTF (A Child Trust Fund (CTF)) account) matures, the money can either be taken out or transferred into an ISA.

In Scotland, applications need to be made to the Office of the Public Guardian in Scotland.

In Northern Ireland, applications need to be made to the Office of Care and Protection.

Add money to the account

Anyone can pay money into a Child Trust Fund (CTF) account.

How much you can add

You can put up to £9,000 a year into the account (a Child Trust Fund (CTF) account) - the year starts on the child’s birthday and ends the day before their next birthday.

If you do not use the £9,000 limit, you cannot carry any unused amount over to the following year.

How to pay money in

For stakeholder accounts you can add money by:

cheque

standing order

direct debit

For savings or share accounts, check with your provider.

Government payments

Payments made by the government do not count towards the £9,000, apart from
payments made by a local council to a child in care.

Find a Child Trust Fund

You can find out where a Child Trust Fund (CTF) is held if you do not know the provider.

Fill in the form online to ask HM Revenue and Customs (HMRC) where the account (a CTF (A Child Trust Fund (CTF)) account) was originally opened.

You’ll need a Government Gateway user ID and password. If you do not have a user ID, you can create one when you fill in the online form.

If you’re a parent looking for your child’s trust fund, you’ll need either:

the child’s (your child’s) Unique Reference Number (you’ll find this on your annual CTF statement)

their (your child’s) National Insurance number

If you’re looking for your own trust fund, you’ll need your National Insurance number.

HMRC (HM Revenue and Customs (HMRC)) will send you details of the CTF provider (the provider) by post within 3 weeks of receiving your request.

HMRC (HM Revenue and Customs (HMRC)) will contact you for more information if you’ve adopted the child or a court has given you parental responsibility for them.

Applying by post

You can also contact HMRC (HM Revenue and Customs (HMRC)) by post to find out where a CTF is held.

If you’re a parent looking for your child’s trust fund, you’ll need to include your full name and address and all of the following:

child’s full name and address

child’s date of birth

child’s National Insurance number or Unique Reference Number if known

If you’re looking for your own trust fund, you’ll need to include all of the following:

your full name and address

your date of birth

your National Insurance number or Unique Reference Number if known

Accounts for children in care

Some children looked after by local authorities have a Child Trust Fund (CTF) account set up on their behalf. The Share Foundation acts as the registered contact for these accounts.

How the account (your child’s trust fund) is managed

The Share Foundation manages the CTF account for the child and will:

write to the child when they (The Share Foundation) take control of the account (your child’s trust fund)

change the type of CTF account and provider if necessary and write to the child to explain why the change was made

send account statements to the child

They (The Share Foundation)’ll manage the account (your child’s trust fund) until:

the child turns 18

the child turns 16 and decides to manage the account (your child’s trust fund) themselves (The Share Foundation)

someone takes parental responsibility for the child, for example through adoption

Take over the management of an account

Contact the Share Foundation if you’re taking parental responsibility for a child and want to manage their CTF account (your child’s trust fund).

You’ll need to provide evidence of parental responsibility, for example an adoption certificate.

You’ll get a letter confirming that you can take over responsibility for the account (your child’s trust fund). Show this to the CTF provider who can update the account (your child’s trust fund) to say you’re the registered contact.

When a child in care turns 16

The Share Foundation will write to the child (a child in care) about 2 months before their (a child in care) 16th birthday, telling them (a child in care) how to become the registered contact for the account (your child’s trust fund).

If they (a child in care) choose to take control of the account (your child’s trust fund), they (a child in care) can:

start managing it (your child’s trust fund) when they (a child in care) turn 16

withdraw money when they (a child in care) turn 18

If your child is terminally ill or dies

If your child is terminally ill you can take money out of their (a child) Child Trust Fund (CTF) account. If they (a child) die, the money passes to whoever inherits their (a child) estate (property and possessions).

If your child is terminally ill

‘Terminally ill’ means they (a child in care) have a disease or illness that’s going to get worse and are not likely to live more than 6 months. Only the registered contact can take money out of the account (your child’s trust fund).

What you need to do

Fill in the terminal illness early access form to let HM Revenue and Customs (HMRC) know that:

your child is terminally ill

you want to take the money out of the account (your child’s trust fund)

You’ll need to provide evidence that your child is terminally ill.

If your child dies

The money in the account (your child’s trust fund) will be paid to the person who inherits the child’s (a child in care) estate. This is often one of the child’s (a child in care) parents, but if your child was married, it could be their husband or wife.

If you get Child Benefit for a child who has died this can still carry on for a short time.

What you need to do

Tell the CTF account provider. They’ll usually need proof, for example the death certificate.


Help and support for foster parents

Training and development

You need to complete the training, support, and development standards workbook within 12 months of being approved to foster.

Contact your fostering service to find out what other training and development is available. They should help you:

with a personal development plan

take part in learning and development sessions

The Foster Carers’ Charter explains your rights as a foster parent.

You do not have a statutory right to time off work to care for foster children.

If you’re fostering for adoption you’ll be entitled to adoption pay and leave from when the child comes to live with you.

If you’re considering fostering, find out about becoming a foster parent.

Help with the cost of fostering

All foster parents get a foster care allowance to help cover the cost of caring for a child. You might get additional payments, depending on:

if the child has specific needs

how many children you’re fostering

your skills and experience

your fostering service

Contact your fostering service to find out how much you get.

Minimum weekly allowance

The minimum allowance you’ll get depends on where you live and the age of the child you care for.

| Age 0 to 2 | Age 3 to 4 | Age 5 to 10 | Age 11 to 15 | Age 16 to 17

London | £155 | £158 | £177 | £201 | £235

South East | £149 | £153 | £169 | £193 | £226

Rest of England | £134 | £138 | £152 | £173 | £202

These figures are for the tax year from 6 April 2021 to 5 April 2022. They’re updated every April.

Allowance rates when the child is 18

Children stop being in care when they reach 18, even if they’re still living with you. There is no minimum allowance when your child is old enough to leave foster care.

Contact your fostering service for more information.

Expenses

You may be able to apply to your fostering service for extra money to help with things like:

school trips

holidays

birthdays

religious festivals

Tax arrangements

You should have registered as self-employed when you started to foster. You’ll need to file tax returns. Check with your fostering service what you need to do.

In your tax return, you’ll be able to claim:

a tax exemption of up to £10,000 per household

tax relief for every week you foster a child

This is known as qualifying care relief.

You may be entitled to National Insurance credits, which count towards your State Pension.

Tax exemption

In a tax year, households do not pay tax on the first £10,000 they earn from fostering. You’ll still pay tax on money you earn from a job or investment.

Tax relief

On top of the £10,000 exemption, you also get tax relief for every week (or part week) that a child is in your care. This means you do not have to pay tax on some of your earnings over £10,000.

Age of child | Tax relief

Under 11 | £200 per child

11 or over | £250 per child

Claiming benefits

Being a foster parent can affect your benefits. Check a benefits calculator to see what you’re eligible for.

If you’re claiming benefits you need to tell the organisation that pays you that you’re also getting a foster care allowance.

You can get disability benefits for your foster child if they meet the criteria. You may also be able to claim Carer’s Allowance if your foster child gets Disability Living Allowance or Personal Independence Payment.

For more help on how your benefits may change you can speak to an adviser from:

the organisation that pays you

Fosterline - a free fostering advice service

Making decisions for your foster child

Your foster child’s placement plan should tell you what decisions you can make, known as delegated authority.

There are 3 different levels to delegated authority:

day-to-day decisions like dental check ups, hair cuts, school trips, parent-teacher meetings and letting your child go to sleepovers

long-term decisions like which school a child goes to

significant decisions made by the local authority and birth parents, like surgery

If your child’s placement plan (Your foster child’s placement plan) does not tell you what level of delegated authority you have you should contact your fostering service to find out.

You may not have the same level of authority for each child you foster. For example, you might foster 2 children and have the right to sign a consent form for one of them.

Going on holiday

If you do not have the authority to take your foster child on holiday you’ll need to speak to their social worker.

You’ll also need to:

tell your child’s social worker (their social worker) when you’ll be going and when you’ll be back

get a letter of consent from your child’s social worker (their social worker) for passport control (if you’re going abroad)

Medical treatment for your foster child

You may not have the right to give consent to medical treatment. Check your child placement plan (Your foster child’s placement plan) to find out if you have the authority to let your foster child have:

medication

a medical examination

local or general anaesthetic

surgery

Getting support

You should get support from your fostering service, your local council and social workers. You can also get support and advice from Fosterline.

Your local council must provide your foster child with a personal adviser from age 16 or 17 to age 25. They will help your foster child move to independent living or support them to stay with you (this is called a ‘staying put’ arrangement).

Extra support is available when your foster child reaches age 16, 18 and 21.

Support from your fostering service

Your foster child (your child’s) gets a placement plan. This tells you about the child (your child’s) and their (your child’s) needs. The fostering service (your fostering service) should invite you to meetings on your foster child’s (your child’s) progress and placement plan.

Your family should get:

access to an out of hours advice and support service

access to support groups

practical, financial and emotional support

training and a personal development plan, which is reviewed every year

an opportunity to take a break from fostering if you need it

Dealing with allegations

If an allegation is made against you or anyone in your home, your local authority must:

investigate it (an allegation)

support you through it (an allegation)

update you on progress

help resolve any disagreements

They (your local authority) may remove your foster child from your home or ask the person the allegation (an allegation) is about to leave. They (your local authority) will also look at the safety of any other children in your home.

Support from social workers

You’ll have contact with 2 social workers:

your foster child’s social worker - they make sure you meet the child’s (your child’s) needs

a supervising social worker to help and support you as a foster parent

Your supervising social worker is there to support you as a foster parent. Contact them if you need:

emotional support

to talk about any concerns or worries you have about your foster child (your child’s)

help to develop your skills as a foster parent

Your social workers must make sure you understand their policies on fostering, including:

how to manage your foster child’s behaviour

financial support for foster parents

complaints

They (Your social workers) must review your approval to foster at least once a year to make sure you’re still suitable.

Social workers may decide to have some meetings without you if they think it’s best for the foster child (your child’s).

Social worker visits

Your child’s social worker must visit you and your foster child (your child’s):

in the first week the child (your child’s) comes to live with you

once every 6 weeks in the first year

every 3 to 6 months after the child (your child’s) has lived with you for a year

They must also visit you once a year without telling you they’re coming.

You or your foster child (your child’s) can ask for more visits from the social worker (Your child’s social worker).

Ending a placement

You must give 28 days’ notice to your social worker (Your child’s social worker) if you no longer wish to be the child’s (your child’s) foster parent.

Support from Fosterline

Call Fosterline for free to get advice on fostering.

They (Fosterline) can provide help and advice about fostering, including information about:

finances

training

dealing with allegations


Surrogacy: legal rights of parents and surrogates

Overview

Surrogacy is legal in the UK, but if you make a surrogacy agreement it cannot be enforced by the law.

The legal parents at birth

If you use a surrogate, they will be the child’s legal parent at birth.

If the surrogate (a surrogate) is married or in a civil partnership, their (a surrogate) spouse or civil partner will be the child’s second parent at birth, unless they did not give their permission.

Legal parenthood can be transferred by parental order or adoption after the child (the child’s) is born.

If there is disagreement about who the child’s legal parents should be, the courts will make a decision based on the best interests of the child (the child’s).

Surrogacy agreements

The intended parents and surrogate can record how they want the arrangement to work in a surrogacy agreement.

Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses.

You cannot pay a surrogate in the UK, except for their reasonable expenses.

Donor’s rights

If you use donated sperm or eggs with your surrogate, read about the rights of your donor.

Read more about surrogacy and the legal process.

Become the child’s legal parent

You must apply for a parental order or adoption if you want to become the legal parent of the child (the child’s).

Parental orders

You can apply for a parental order with a partner or on your own.

Apply with a partner

One of you must be genetically related to the child (the child’s) - in other words, be the egg or sperm donor.

You must be one of the following:

married

civil partners

living as partners

You must also:

have the child living with you (the child’s)

reside permanently in either the UK, Channel Islands or Isle of Man

You must apply within 6 months of the child’s birth.

Apply as an individual

You must be genetically related to the child (the child’s) - in other words, be the egg or sperm donor.

You must also:

You can apply for a child of any age if you apply before 4 July 2019. From 4 July 2019 you must apply within 6 months of the child’s birth.

How to apply in England or Wales

You must fill in a ‘C51 application form for a parental order’ and take or send it to a family court.

You do not have to use your local family court, but you’ll need to explain why if you do not.

You’ll need to provide the child’s full birth certificate and will also be charged a court fee of £215.

The court will then set a date for the hearing and issue you with a ‘C52 acknowledgement form’ that you must give to the child’s legal parent, in other words, your surrogate.

The surrogate and anyone else who’s a parent of the child (the child’s) must agree to the parental order (a parental order) by filling in form A101A.

How to apply in Scotland or Northern Ireland

The process is different if you live in Scotland or Northern Ireland.

In Scotland, contact the Court of Session or Sheriff Court.

In Northern Ireland, contact the Courts and Tribunals Service.

Adoption

If neither you or your partner are related to the child, adoption is the only way you can become the child’s legal parent.

Children born outside the UK

If your surrogate gives birth abroad, you can only apply for a parental order if you and your partner are living in the UK.

If the child is not a UK or EU national, they will need a visa to enter the UK during this process.

Using a surrogate abroad can be complicated because different countries have different rules. You may want to get legal advice or contact The Human Fertilisation and Embryology Authority for more information.

You can also read about returning to the UK with your child.

Pay and leave

You and your partner may be eligible for adoption pay and leave and paternity pay and leave if you use a surrogate.

If you’re not eligible for paid leave, you may be able to take parental leave or annual leave.

Surrogates

Every pregnant employee has the right to 52 weeks’ maternity leave and to return to their job after this.

What a surrogate does after the child is born does not affect their right to maternity leave.


Claiming and dealing with tax credits for someone else

Overview

You can get permission to deal with someone else’s tax credits. The type of permission you need depends on what you want to do.

You can:

contact HM Revenue and Customs (HMRC) about someone else’s claim - as an authorised intermediary

take responsibility for someone else’s tax credit claim when they cannot manage their own affairs - as an appointee

claim tax credits for both your child and their baby

Authorisation

You must be authorised to talk to HM Revenue and Customs (HMRC) about someone else’s tax credits. If you’re not, every time you call that person must first confirm their identity and say they’re happy for you to act for them.

Get authorised

Send form TC689 to HMRC (HM Revenue and Customs (HMRC)). This must be signed by the person (or persons if it’s a joint claim) you’re representing.

The authorisation lasts 12 months unless a different end date is put on the form (form TC689). It usually takes 2 days to get authorised from when your form (form TC689) is received but can take longer if you send a letter instead of form TC689. Usually, you will not get a letter confirming your authorisation.

More than one person can be authorised but each one must send a TC689 form.

Tax credits will not be paid into your account unless you’re the appointee.

If you act for a lot of clients

Write to HMRC (HM Revenue and Customs (HMRC)) to register as an ‘intermediary organisation’ if you work in the voluntary sector and act for many people.

You can get urgent authorisation online if you’re an intermediary organisation and you have a completed TC689.

Use form 64-8 to get authorisation if you’re a paid agent. You can then use the Agent Priority Line to contact HMRC (HM Revenue and Customs (HMRC)).

Cancel an authorisation

An authorisation can be cancelled by writing to HMRC (HM Revenue and Customs (HMRC)).

Appointees

You can apply for the right to deal with the tax credits of someone who cannot manage their own affairs, for example because they’re mentally incapable or severely disabled.

This (apply) is called becoming an ‘appointee’.

You’re not an appointee if you just help someone complete their claim form.

Applying to become a tax credit appointee

You must be over 18 and have a bank account. You do not have to be a relative.

If you have a tax credit claim form, complete the appointee section explaining why the person cannot complete and sign their form. Then send the form (form TC689) to HM Revenue and Customs (HMRC). They (HM Revenue and Customs (HMRC)) may contact you for more information before deciding whether to make you an appointee or not.

If you do not have a claim form, contact HMRC (HM Revenue and Customs (HMRC)).

Your responsibilities

You must:

sign the tax credit claim form (form TC689)

renew the tax credits claim

report any changes which affect how much money the person gets

tell HMRC (HM Revenue and Customs (HMRC)) if you’re no longer the appointee

Any tax credits the person gets are paid directly into your bank account. If you make a false or misleading statement you may be charged a penalty.

The claimant is responsible for paying back overpayments. Their tax credits may be reduced or you may be asked to make a direct payment on their behalf.

Stop being an appointee

Write to HMRC (HM Revenue and Customs (HMRC)) within 1 month of when you want to stop being the appointee.

Claim on behalf of your child

Your child is under 16

If your child has a baby, you can make the claim for both of them if they live with you. The money will be paid to you.

Your child is over 16

Your child can make the claim themselves if they’re over 16 and have a baby.

You can make the claim for them (Your child) if both the following apply:

your child and their baby (a baby) live with you

your child is in approved education or training

You must stop claiming tax credits for your child if they start claiming tax credits for themselves. Phone HM Revenue and Customs (HMRC) to stop claiming tax credits.


Lasting power of attorney: acting as an attorney

Overview

You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney (LPA).

You can contact GOV.UK to request this guide in another format, for example large print or braille.

The person who appoints you is called the ‘donor’. You’re their (someone’s) ‘attorney’.

You don’t need any legal experience to act as someone’s attorney.

The types of decisions you make depend on whether you’re a:

property and financial affairs attorney

health and welfare attorney

This guide is also available in Welsh (Cymraeg).

Making decisions

Check what you need to do before you’re allowed to start making decisions.

After you start you must:

follow any instructions the donor (someone’s) included in the LPA (a lasting power of attorney (LPA))

consider any preferences the donor included in the LPA (a lasting power of attorney (LPA))

help the donor (someone’s) make their (someone’s) own decisions as much as they (someone’s) can

make any decisions in the donor’s (someone’s) best interests

respect their (someone’s) human and civil rights

You must make the decisions yourself - you can’t ask someone to make them for you.

You can get help making difficult decisions. Your decisions can be checked.

If you’re not the only attorney

Check the LPA (a lasting power of attorney (LPA)). It (a lasting power of attorney (LPA)) will tell you whether you must make decisions:

‘jointly’ - this means all the attorneys must agree

‘jointly and severally’ - this means you can make decisions together or on your own

The LPA (a lasting power of attorney (LPA)) may tell you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Find out what to do if you make decisions jointly with someone who stops acting as an attorney.

Property and financial affairs attorneys

As a property and financial affairs attorney, you make (or help the donor (someone’s) make) decisions about things like:

money, tax and bills

bank and building society accounts

property and investments

pensions and benefits

You can use the donor’s (someone’s) money to look after their (someone’s) home and buy anything they (someone’s) need day to day (for example, food).

Discuss decisions that affect the donor’s (someone’s) living arrangements, medical care or daily routine with their (someone’s) health and welfare attorney, if they (someone’s) have one.

Looking after money and property

You must keep the donor’s (someone’s) finances separate from your own, unless you’ve already got something in both of your names like a joint bank account or you own a home together.

Managing bank accounts

Before you can manage the donor’s (someone’s) account, you must show the bank the original registered lasting power of attorney (LPA) or a copy of it signed on every page by the donor, a solicitor or notary.

You’ll also need to give proof of:

your name

your address

the donor’s (someone’s) name or address if they’re not the same as on the bank account

The bank might ask for additional types of proof.

Spending money on gifts or donations

Unless the LPA states otherwise, you can spend money on:

gifts to a donor’s friend, family member or acquaintance on occasions when you would normally give gifts (such as birthdays or anniversaries)

donations to a charity that the donor (someone’s) wouldn’t object to, for example a charity they (someone’s)’ve donated to before

You must apply to the Court of Protection for any other type of gift or donation, even if the donor (someone’s) has given them before. These include:

paying someone’s school or university fees

letting someone live in the donor’s property without paying market rent (anything they pay below market rent counts as a gift)

interest-free loans

You must check that the donor (a donor’s) can afford the gift or donation, even if they (a donor’s)’ve spent money on these types of things before. For example, you can’t donate their (a donor’s) money if that would mean they (a donor’s) couldn’t afford their (a donor’s) care costs.

Read the guidance for more information on giving gifts or donations.

Buying and selling property

You’ll need to get legal advice if:

the sale is below the market value

you want to buy the property (property) yourself

you’re giving it (property) to someone else

Making a will

You can apply for a statutory will if the donor needs to make a will but can’t do it themselves.

You can’t change a donor’s will.

You can be ordered to repay the donor’s (a donor’s) money if you misuse it or make decisions to benefit yourself.

Health and welfare attorneys

As a health and welfare attorney, you make (or help the donor make) decisions about things like:

daily routine, for example washing, dressing and eating

medical care

where the donor lives

You might need to spend the donor’s (the donor) money on things that maintain or improve their (the donor) quality of life. This can include:

new clothes or hairdressing

decorating their (the donor) home or room in a care home

paying for extra support so the donor can go out more, for example to visit friends or relatives or to go on holiday

You must ask for money from the person in charge of the donor’s (the donor) funds.

Refusing or consenting to treatment

Check the lasting power of attorney (LPA) for instructions about refusing or consenting to treatment.

You’ll need to:

show the LPA (the lasting power of attorney (LPA)) to care staff

sign medical consent forms

make decisions in the donor’s (the donor) best interests

You can’t always make decisions about the donor’s (the donor) medical treatment, for example if the donor’s made a living will or has been sectioned.

Living wills (‘advance decisions’)

This is a legal statement from the donor about which medical treatments they (the donor) don’t want. You’ll need to give this to care staff along with the LPA (the lasting power of attorney (LPA)).

NHS Choices has information about advance decisions.

Apply for a one-off decision

You may need to apply for a one-off decision from the Court of Protection to make a decision about a medical treatment if:

the living will (a living will) and LPA (the lasting power of attorney (LPA)) give different instructions

the medical staff or the donor’s (the donor) friends and family disagree about whether the treatment (a medical treatment) should be given

Start acting as an attorney

You must have a registered lasting power of attorney (LPA) (the lasting power of attorney (LPA))  before you can start acting as an attorney.

The LPA (the lasting power of attorney (LPA)) is registered when the Office of the Public Guardian (OPG) has stamped it (the lasting power of attorney (LPA)) with ‘VALIDATED-OPG’.

You can prepare before you start by talking to the donor so you’re ready to make decisions in their (the donor) best interests. For example, ask about their (the donor) plans for their (the donor) money or how they (the donor) want to be cared for if they (the donor) become seriously ill.

Starting as a property and financial affairs attorney

The LPA (the lasting power of attorney (LPA)) may give you permission to make decisions while the donor still has the mental capacity to make their (the donor) own financial decisions.

If it (the lasting power of attorney (LPA)) doesn’t, you can only start making decisions when they (the donor) don’t have mental capacity.

Starting as a health and welfare attorney

You can only make decisions when the donor doesn’t have mental capacity to make them.

You must tell people involved in the donor’s (the donor) care when you start. This includes the donor’s (the donor):

friends and family

doctor and other healthcare staff

care workers, social worker and other social care staff

Staff may want to see proof of your identity and either the original LPA or a certified copy.

Taking over as a replacement attorney

Replacement attorneys are listed in the LPA (the lasting power of attorney (LPA)).

You’ll be able to start helping a donor make decisions as soon as the attorney you’re replacing stops acting.  Check the LPA (the lasting power of attorney (LPA)) to see if there are other attorneys you might need to make decisions with.

Records and expenses

Keep a record of:

important decisions you make and when, for example selling the donor’s (the donor) home or agreeing to medical treatment

the donor’s (the donor) assets, income and how you spend their (the donor) money - if you’re their (the donor) finance and property affairs attorney

Include details of who you asked for advice and any disagreements.

Don’t include small, everyday decisions.

Expenses

You can only claim expenses for things you must do to carry out your role as an attorney, for example:

hiring a professional to do things like fill in the donor’s (the donor) tax return

travel costs

stationery

postage

phone calls

You can be ordered to repay the donor’s (the donor) money if you misuse it or make decisions to benefit yourself.

Keep your receipts and invoice the donor for your expenses. The money is paid by whoever’s in charge of the donor’s (the donor) funds (the donor’s (the donor) money).

Checks and visits

The Office of the Public Guardian and Court of Protection can check your decisions. They may:

arrange a visit with you and the donor together, or the donor alone (the donor)

contact other people such as the donor’s (the donor) family, bank or care workers

They (The Office of the Public Guardian and Court of Protection) can investigate and stop you acting as an attorney if, for example:

you’ve done something the lasting power of attorney (LPA) says you can’t

you haven’t done something the LPA (the lasting power of attorney (LPA)) has instructed you to do

you haven’t been acting in the donor’s (the donor) best interests

you misuse the donor’s (the donor) money or make decisions to benefit yourself

you do something that goes against their (the donor) human or civil rights

the donor isn’t being treated well

the donor made the LPA (the lasting power of attorney (LPA)) under pressure or they (the donor) were tricked into it (the lasting power of attorney (LPA))

Stop acting as an attorney

The lasting power of attorney (LPA) ends when the donor dies.

Tell the Office of the Public Guardian (OPG) and send them:

a copy of the death certificate

the original LPA

all certified copies of the LPA (the lasting power of attorney (LPA))

Stopping before the donor dies

You can choose to stop acting as an attorney - sometimes called ‘disclaiming’ an attorneyship.

There are also some cases in which the law requires you to stop acting as an attorney.

Any replacement attorneys listed in the LPA (the lasting power of attorney (LPA)) will take over if you stop.

If there are no replacements, there may be other ways to help the donor make decisions.

If you choose to stop

Fill in and send a notification form to:

the donor - if the LPA (the lasting power of attorney (LPA)) hasn’t been registered

the donor and OPG (the Office of the Public Guardian (OPG)) (at the address on the form (a notification form)) - if the LPA (the lasting power of attorney (LPA)) is registered

any other attorneys appointed on the LPA (the lasting power of attorney (LPA))

When you have to stop

You must stop acting as an attorney if:

the donor takes you off their (the donor) LPA (the lasting power of attorney (LPA))  - sometimes called ‘revoking’ an attorney

you lose mental capacity and can’t make decisions any more

you’re a property and financial affairs attorney and you become bankrupt or subject to a debt relief order

you’re married to or in a civil partnership with the donor and you get a divorce or an annulment (unless the LPA (the lasting power of attorney (LPA)) says you can keep acting as an attorney)

you’re a joint attorney and another attorney stops acting, unless the LPA (the lasting power of attorney (LPA)) says you can carry on making decisions


Annul a marriage

When you can annul a marriage

Annulment (sometimes known as ‘nullity’) is a different way of ending a marriage.

You or your spouse must have either:

lived in England or Wales for at least a year

had a permanent home in England or Wales for at least 6 months

Unlike divorce, you can apply for annulment in the first year of your marriage or any time after. However, if you apply years after the wedding, you might be asked to explain the delay.

You’ll need to show that the marriage (your marriage):

was never legally valid (‘void’)

was legally valid, but meets one of the reasons that makes it (your marriage) ‘voidable’

Your marriage is not legally valid - ‘void’ marriages

You can annul a marriage if it was not legally valid in the first place, for example:

you’re closely related to the person you married

one or both of you were under 16

one of you was already married or in a civil partnership

If a marriage was never legally valid, the law says that it never existed.

However, you may need legal paperwork (a ‘decree of nullity’) to prove this - for example if you want to get married again.

Your marriage is ‘voidable’

You can annul a marriage for a number of reasons, such as:

it (a marriage) was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples)

you did not properly consent to the marriage (a marriage) - for example you were forced into it (a marriage)

the other person had a sexually transmitted disease (STD) when you got married

your spouse was pregnant by someone else when you got married

one spouse is in the process of transitioning to a different gender

As with divorce, your marriage legally exists until you annul it using one of these reasons.

The rules on ending a civil partnership are slightly different, but the court forms are the same.

Apply for an annulment

You can apply to have your marriage annulled as soon as you get married. Unlike divorce, you do not have to wait for a year.

To annul a marriage, fill in a ‘nullity petition’.

Read the supporting notes before you start.

Send 2 copies of the form (a ‘nullity petition’) to your nearest divorce court, and keep your own copy.

Filing a nullity petition form (a ‘nullity petition’) costs £550.

You may be able to get help with court fees if you’re on benefits or a low income.

Apply for a decree nisi

The other person must respond to your nullity petition (a ‘nullity petition’) within 8 days, saying whether they agree the marriage should be annulled.

If they (The other person) agree, you can apply for a ‘decree nisi’. This will confirm that the court does not see any reason why the marriage cannot be annulled.

To get a decree nisi, fill in the application for decree nisi or conditional order.

Statement in support of annulment

You must also fill in a statement confirming that what you said in your nullity petition (a ‘nullity petition’) is true.

Use one of the forms below, depending on whether your marriage is ‘void’ or ‘voidable’:

statement in support of annulment - void marriage

statement in support of annulment - voidable marriage

See when you can annul a marriage for the difference between ‘void’ and ‘voidable’ marriages.

The marriage (a marriage) will not be ended yet, you still need to apply for a ‘decree absolute’.

Apply for a decree absolute

You can apply for a decree absolute 6 weeks after you get the decree nisi (decree nisi).

In these cases, it (a decree absolute)’s also called a ‘decree of nullity’. This (a decree absolute) is the final legal document which says that the marriage has been annulled.

To apply for a decree of nullity, fill in the notice of application for decree nisi to be made absolute.

The decree absolute fee is included in the annulment cost.

When you return your forms

The court will check if there are any reasons that the marriage cannot be annulled. In most cases, you do not need to go to court for this.

If the court is happy, it (the court) will send you the decree of nullity (a decree absolute). This (a decree absolute) will confirm that you’re no longer married.

If your marriage was never legally valid (void), the decree (a decree absolute) will confirm that you were never legally married.