Jurisdiction(s):
United Kingdom

Key definition

Fees definition

What does Fees mean? In legal practice, Fees are the sums payable by one party to another for goods, services or rights under a contract, together with any agreed charges or other amounts. The term is descriptive rather than statutory; while specific legislation prescribes particular court or registry fees in England & Wales, Scotland, Northern Ireland and Ireland, in private agreements Fees is a contract-defined term. Usage is broadly consistent across these jurisdictions. Key features in contracts include whether Fees cover one-off, periodic, retainer or success-based payments; whether expenses/disbursements are included or separate; whether VAT/sales taxes are excluded or included; timing and invoicing; indexation;...

Executors and DPA Repayment: Is £23,250 Capital Limit Deductible?

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Published by a LexisNexis Local Government expert

Q&As

In this Q&A we have assumed:

the deceased’s assessment was correctly calculated
a typical financial profile (not, for instance, no Recourse to public funds)
no top-up was due or paid
no deprivation
the income-based assessment was up to date

Charging for a resident assessed as full cost and availing themselves of a deferred payment agreement would normally be as follows:

income contribution: income minus Personal allowance, per charging cycle
remainder (after 12-week disregard) deferred against property

Confirm the first was paid. For the second, check overcharging against beneficial interest; the lower capital limit is £14,250, not £23,250. Assessable capital = beneficial interest − 10% − £14,250 (Care and Statutory Support Guidance 8.12). Example: £200,000 interest gives £165,750.

Systems may overrun, exceeding assessed capital; if so, reassess and cap recovery at that, with any surplus proceeds kept by the estate. Deprivation or unpaid income are not protected by the lower limit. If the original assessment stands, executors cannot deduct.

The following practical steps could be taken:

verify the assessment
refer executors to guidance/CRAG on the £14,250 lower limit
for deprivation or unpaid income seek counsel’s opinion

...

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Web page updated on 27/05/2026

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