Can an Attorney Claim Benefits on the Donor's Behalf?
How to use a Property & Financial Affairs LPA to claim Attendance Allowance, PIP, Pension Credit, and other benefits for the donor.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Yes. An attorney holding a registered Property & Financial Affairs LPA can claim benefits on the donor's behalf, including Attendance Allowance, PIP, and Pension Credit. Doing so is not just permitted — under the Mental Capacity Act 2005, ensuring the donor receives everything they are entitled to is part of your duties as an attorney.
At a glance
- Yes, an attorney with a registered Property and Financial Affairs LPA can claim benefits on the donor's behalf
- You need to register the LPA with the DWP once; your authority then covers all DWP-administered benefits
- Attendance Allowance is widely under-claimed and is not means-tested — it should be a priority
- A Health and Welfare LPA does not cover benefit claims; only a financial LPA gives this authority
Benefits the Donor May Be Entitled To
Depending on the donor's age, health, and financial circumstances, they may be eligible for a range of benefits. The most common include: For official information, see DWP benefits guidance.
- Attendance Allowance — a tax-free benefit for people aged 65 or over who need help with personal care due to a physical or mental disability. It is not means-tested, so it does not matter how much savings or income the donor has. The weekly rate ranges from £72.65 to £108.55 (2025/26 rates)
- Personal Independence Payment (PIP) — for people aged 16 to State Pension age who have a long-term health condition or disability. PIP has two components: daily living and mobility
- Pension Credit — a means-tested top-up for people who have reached State Pension age and are on a low income. It can also unlock entitlement to other benefits such as free dental treatment and help with heating costs
- Council Tax Reduction — a discount on the donor's council tax bill. If the donor lives alone, they should already be receiving the 25% single person discount. If they have a severe mental impairment (such as dementia), they may qualify for an exemption or a higher discount
- Housing Benefit — for people who rent their home and are on a low income (being replaced by Universal Credit for working-age people, but still available for some pensioners)
- Winter Fuel Payment and Cold Weather Payment — paid automatically to most people over State Pension age, but check the donor is receiving them
- NHS Low Income Scheme — help with the cost of prescriptions, dental treatment, eye tests, and travel to hospital
Key point: Attendance Allowance is widely under-claimed. It is not means-tested, and receiving it can also increase the donor's entitlement to Pension Credit and Council Tax Reduction. If the donor has care needs and is not currently receiving Attendance Allowance, applying for it should be a priority.
How to Register Your LPA With the DWP
The Department for Work and Pensions (DWP) manages most benefits. To act on the donor's behalf, you need to register your LPA with the DWP. The process is:
- Contact the DWP — call the relevant benefit helpline (for example, the Attendance Allowance helpline on 0800 731 0122) and explain that you hold a registered LPA for the claimant
- Send a certified copy of the LPA — the DWP will usually ask you to post a certified copy of the registered LPA. They will return it after processing, but this can take several weeks
- Provide your contact details — once registered, all correspondence about the donor's benefit claims will be sent to you
You only need to register with the DWP once, and your authority will then apply across all DWP-administered benefits.
DWP Appointee vs LPA — What's the Difference?
If someone does not have an LPA, the DWP can appoint a "corporate appointee" or "individual appointee" to manage their benefits. This is known as being a DWP appointee. However, if a registered LPA is already in place, it takes precedence over an appointeeship.
The key differences are:
- An LPA is broader — it covers all financial matters, not just benefits. A DWP appointee can only deal with DWP benefits
- An LPA is chosen by the donor — the donor selected you as their attorney while they had mental capacity. A DWP appointee is appointed by the DWP, often without the person's input
- An LPA is legally stronger — if there is a conflict between an LPA attorney and a DWP appointee, the LPA takes precedence
If the donor already has a DWP appointee but you now hold a registered LPA, you should contact the DWP to register the LPA and take over responsibility for the donor's benefits.
Claiming Attendance Allowance Step by Step
Attendance Allowance is one of the most valuable benefits for elderly donors, yet many families do not realise the donor qualifies. Here is how to claim it:
- Request a claim form — call the Attendance Allowance helpline (0800 731 0122) to request form AA1, or download it from GOV.UK. The date of your call is treated as the claim date, so do not delay
- Complete the form — describe how the donor's condition affects their daily life. Be thorough and honest — focus on their worst days, not their best. Include details about help they need with washing, dressing, eating, mobility, and supervision
- Provide medical evidence — include any supporting letters from the donor's GP, consultant, or care provider. The more evidence you can provide, the stronger the claim
- Submit the form — post it to the address on the form. The DWP will process the claim and may arrange a medical assessment, although for older claimants this is often a paper-based review
- Receive the decision — you will receive a letter confirming whether the claim has been approved and at what rate. If the claim is refused, you have the right to request a mandatory reconsideration and, if necessary, appeal to a tribunal
Tip: When completing the Attendance Allowance form, describe what the donor needs help with, not just what they currently receive. Even if nobody is currently helping them with a task, if they need help or would benefit from it, include that information.
Council Tax Discounts and Exemptions
As an attorney, you should check whether the donor qualifies for any council tax reductions. Two important provisions to be aware of:
- Severe Mental Impairment (SMI) exemption — if the donor has been diagnosed with a condition such as dementia that severely impairs their intelligence and social functioning, and they receive a qualifying benefit (such as Attendance Allowance), they may be "disregarded" for council tax purposes. If they live alone, this means a full exemption from council tax. If they live with one other person, it means a 25% discount
- Single person discount — if the donor lives alone (or only with people who are themselves disregarded), they qualify for a 25% discount
Contact the donor's local council to apply for these discounts. You will need to provide evidence of the donor's condition (usually a letter from their GP) and evidence that they receive a qualifying benefit. For a broader understanding of managing the donor's finances, see our guide on how attorneys manage finances.
Carer's Allowance — For Those Caring for the Donor
While you cannot claim Carer's Allowance for the donor, it is worth knowing that if someone is providing regular care to the donor, that person may be entitled to Carer's Allowance. This is a separate benefit paid to the carer (not the donor), but it is linked to the donor's receipt of Attendance Allowance or the daily living component of PIP at the enhanced rate.
The carer must provide at least 35 hours of care per week and earn less than £151 per week (after deductions) to qualify. Carer's Allowance is worth £81.90 per week (2025/26 rate).
Keeping Records of Benefit Claims
As with all financial matters handled under an LPA, you should keep careful records of:
- All benefit claims submitted, including dates and reference numbers
- Decision letters from the DWP and local council
- Copies of completed claim forms (take a photocopy before posting)
- Records of all benefit payments received into the donor's bank account
- Any appeals or mandatory reconsideration requests
Ensuring the donor receives all the benefits they are entitled to is not just good practice — it is part of your duty to act in their best interests. Every pound of unclaimed benefit is money that could be used to improve the donor's quality of life.
Remember: Benefits advice is available free of charge from organisations such as Citizens Advice, Age UK, and local welfare rights services. If you are unsure what the donor may be entitled to, seek help — a benefits check can often uncover thousands of pounds in unclaimed entitlements.
Benefit payments are made into the donor's bank account, so you will need to have the LPA registered with their bank. Our guide on how LPAs work with banks covers the steps for major UK institutions.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- Financial LPA required — only a registered Property and Financial Affairs LPA authorises you to claim benefits; a Health and Welfare LPA does not cover financial matters.
- Attendance Allowance is priority number one — it is not means-tested, worth up to £108.55 per week (2025/26), and receiving it can unlock further entitlements like Pension Credit and Council Tax Reduction.
- Register with the DWP once — send a certified copy of the LPA to the DWP and your authority applies across all their benefits; council tax requires a separate application to the local council.
- An LPA overrides a DWP appointee — if someone is already acting as a DWP appointee, a registered LPA takes precedence and gives you broader authority over all financial matters.
- Keep detailed records — document every claim, decision letter, and benefit payment as part of your legal duty to act in the donor's best interests.
Top Questions About Claiming Benefits as an Attorney
Do I need a separate form to claim each benefit on the donor's behalf?
Yes, each benefit has its own claim form and process. However, you only need to register your LPA with the DWP once — after that, your authority applies across all DWP-administered benefits. For council tax discounts, you will need to contact the local council separately.
Can I claim benefits using a Health and Welfare LPA?
No. Claiming financial benefits requires a registered Property and Financial Affairs LPA because benefits are treated as financial matters. A Health and Welfare LPA only covers decisions about medical treatment, care, and daily living — not money.
Can the donor still claim their own benefits if I hold an LPA?
Yes, as long as the donor still has mental capacity, they can continue to manage their own benefits. A Property and Financial Affairs LPA does not remove the donor's right to act for themselves — it simply gives you the additional authority to act on their behalf when needed.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
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