Claiming benefits as attorney
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Attendance allowance and pension credit are the two most commonly missed entitlements in care funding.
What to check
| Benefit | For |
|---|---|
| Attendance allowance | Over state pension age with care needs; not means-tested |
| Personal independence payment | Under state pension age with care or mobility needs |
| Pension credit | Low-income pensioners; unlocks other help |
| Council tax reduction / SMI discount | Severe mental impairment can mean a discount or exemption |
| Carer's allowance | For the carer, not the donor |
Dealing with the DWP
- Send the DWP notice of your LPA — they may still ask about appointeeship.
- Appointeeship and attorneyship overlap; see attorney and benefits appointee.
- Report changes of circumstances promptly, including a move into care.
- Keep award letters — care assessments will ask for them.
The severe mental impairment discount
Where the donor has a diagnosis such as dementia and receives a qualifying benefit, council tax can be reduced by 25% or removed altogether. It needs a doctor's certificate, and backdating is sometimes possible.
Worth doing early
Attendance allowance is not means-tested and is not affected by savings, so check it even for self-funders.
Common questions
Does attendance allowance stop in a care home?
It usually stops if the local authority funds the care, but continues for self-funders. Report the change either way.
Can I be appointee and attorney?
Yes, and often you need both — the DWP operates its own system alongside the LPA.
Read next
Where this fits
This page is part of Money, tax and property. The pages below take it further.
- Property & Financial Affairs LPA
The LP1F: money, bills, savings, property and everything a bank will ask for.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Answer five quick questions to check the service suits you, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group