To ask the Minister of Finance to detail (i) why the cost of registering an Enduring Power of Attorney (EPA) in Northern Ireland is higher than the cost of registering a Lasting Power of Attorney in England and Wales; (ii) whether she has any plans to review or reduce this fee; and (iii) how she is ensuring the costs associated with creating and registering an EPA are not prohibitive for low-income individuals.

(i) There are a number of legislative and administrative differences between Northern Ireland and England and Wales, consequently the processes for the completion and registration of an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA) are different.

Although an EPA only needs to be registered when the Donor loses capacity to manage their financial affairs the position is different for a LPA which needs to be registered once it is made. The current fee for registering an EPA is £180. While the fee for an LPA is £82, separate applications must be made for a Finance LPA and a Health and Welfare LPA making the total cost £164.

The courts system in Northern Ireland operates on the principle that those who use the civil or family courts should pay towards the cost of the service they use, if they can afford to do so. The policy on fee charging in Northern Ireland is set out in guidance published by the Department of Finance (DoF) and requires that fees should cover the full costs associated with providing the service including judicial, administrative and overhead costs.

(ii) The ability to generate income from fees to fund civil and family courts is a key tool available to the Northern Ireland Courts & Tribunals Service (NICTS) in managing its budgetary pressures. Court fees were increased by 9% in 2023 and 2024 to help manage the financial position following the significant rise in inflation during 2022 and 2023. In light of the ongoing financial pressure on public sector budgets, it is important that court fees continue to keep pace with increased costs and, to minimise the cost to the taxpayer.

(iii) The NICTS Help with Court Fees policy is available to provide assistance to individuals who are in receipt of certain means-tested benefits or are experiencing financial hardship. Under this policy, court fees can be waived or reduced for such individuals so ensuring that court users with limited financial means are not denied access to justice. In the event that an application for an EPA is received from an individual on low income and they meet these conditions, they would be able to get help with the associated court fee. An information leaflet, ‘Do I have to pay court fees?’, and the form for Exemption or Remission of a Court Fee can be found on my Department’s website.