Terms and Conditions

1. Introduction
 

1. These Terms and Conditions (“Terms”) govern your use of our services in relation to Home Responsibilities Protection (“HRP”) claims. By using our HRP services, you agree to these Terms. 

2. “We,” “Us,” and “Our” refer to Evanshaw Ltd, located at Suite G3, Alexandra Court, Carrs Road, Cheadle, England, SK8 2JY. 

3. “You” and “Your” refer to the individual(s) or entity submitting an HRP claim using our services via your website URL . 

4. “HRP Claim” means the process by which we assess, prepare, and submit your claim for potential overpayments, adjustments, or benefits related to home responsibilities to HMRC or other relevant authorities. 
    

2. Definitions and Scope
 

1. Service Description Our HRP services include the assessment, preparation, and submission of claims on your behalf to recover any benefits or overpayments you may be entitled to under the Home Responsibilities Protection scheme.

2. Eligibility It is your responsibility to ensure that you meet all applicable HRP eligibility criteria as determined by HMRC and/or relevant legislation. In particular, you may be eligible for HRP if you meet one or more of the following conditions:

   o Caring Responsibilities: You took time off work between 1978 and 2010 and claimed either Child Benefit (for a child under 16) or Income Support on the grounds that you were caring for a person with a disability or long-term illness.

   o Marital Circumstances (Women):

   o You are a woman whose husband turned 65 before 17 March 2008 and you are being paid less than 60% of his basic state pension.

   o You are a woman who got divorced after reaching state pension age, and you have not had your pension reassessed.

   o Married Women with No Basic State Pension: You are a married woman receiving zero basic state pension but may be entitled to a small additional state pension (also known as SERPS or graduated retirement benefit).

   o Widowed Claimants: You are widowed and your late spouse either reached state pension age or died before 6 April 2016, and you are not receiving any inherited pension.

   If you fall into any of these groups, your pension will not be automatically topped up, and you should check your eligibility for making an HRP claim.

3. Supporting Documentation “Supporting Documents” refer to any documentation (e.g., proof of home responsibilities, previous tax communications, or other evidentiary records) that you must supply to support your HRP claim.
    

3. Your Responsibilities
 

1. Accurate Information: You agree to provide full, accurate, and complete information regarding your HRP claim.

2. Timely Provision: You will promptly supply all Supporting Documents and any additional information requested by us or by HMRC.

3. Eligibility Confirmation: You confirm that you have reviewed the HRP eligibility criteria and that you are eligible to submit an HRP claim.

4. Authorization: You authorize us to act on your behalf in all matters relating to your HRP claim, including communications with HMRC and the DWP.
    

4. Our Responsibilities
 

1. Service Delivery: We will use our reasonable skill and care to process your HRP claim accurately and in a timely manner. 

2. Communication: We will keep you informed of any significant developments or requests for further information from HMRC or the DWP. 

3. Discretion: We reserve the right to refuse or withdraw our services if we believe that your HRP claim does not meet eligibility criteria or if there is any indication of fraud or misrepresentation. 

4. No Guarantee: We do not guarantee that your HRP claim will be approved. HMRC (or the relevant authority) retains sole discretion in determining claim outcomes. 
    

5. Fees, Payment, and Repayment Nomination
 

1. Service Fee: Our fee for processing a successful HRP claim is 36% of any refund, arrears, or additional pension value recovered. This covers the full lifecycle of claim assessment, preparation, submission, appeals (if applicable), and customer support.

2. Minimum Fee: A minimum fee of £50 applies to any successful HRP claim. If the amount recovered is less than £50, the full recovered amount will be retained as the fee, and no further charge will be applied.

3. Repayment Nomination: By submitting your HRP claim with Evanshaw Ltd, you authorise us—where permitted by HMRC or the DWP—to receive any refunds or payments issued on your behalf, as confirmed in your signed Letter of Authority and Form 64-8.

   o Any such funds received by Evanshaw Ltd will be subject to the agreed service fee (as stated above).

   o Evanshaw Ltd will notify you upon receipt of any such payment, deduct the fee, and promptly transfer the remaining balance to your nominated bank account.

   o You may revoke this nomination in writing at any time. If you do so or if a refund is paid directly to you, you remain liable for our service fee and agree to settle any invoice issued by us promptly.

4. Prior Processing: If HMRC or DWP was already processing your claim before you engaged our services, our fee remains applicable if a successful outcome is achieved during or after our involvement. 

5. Fee Adjustments: If you provide credible evidence that a benefit or overpayment was due to you prior to our involvement, we may, at our discretion, offer a partial refund or reduce our fee.

6. Additional Charges: You may incur additional administrative fees in certain cases, such as for reissued cheques, delays in identity verification, or special handling. These will be communicated in advance where applicable.

7. Fee Disputes: Any disputes over fees must be submitted in writing within 14 days of receiving an invoice or fee summary. If we determine that our work did not materially contribute to the outcome of your claim, a partial refund may be considered at our sole discretion (less reasonable admin costs).
    

6. Processing Your HRP Claim
 

1. Submission Timeline: We aim to submit your HRP claim within 14 working days from receipt of all necessary information and Supporting Documents; however, this timeline is not guaranteed. 

2. Modification or Cancellation: We may cancel, suspend, or modify your claim if we suspect any discrepancies, fraud, or significant errors in the information provided. 

3. HMRC Processing of HRP Claims:

   o HMRC processes your HRP claim application and will notify you of its acceptance or rejection.

    

   o Upon acceptance, HMRC will update your National Insurance records with HRP details for the applicable years.

    

   o If you are already receiving a state pension, HMRC will notify the Department for Work and Pensions (DWP).

    

4. DWP Processing of HRP Payments:

   o Following notification from HMRC, the DWP will process any necessary changes to your state pension payments.

    

   o The DWP will inform you of your revised state pension award, including any additional pension benefits to which you may be entitled.

    

   o Should the recalculation result in additional tax obligations, HMRC may collect any additional tax due as a consequence.

    

5. Client Cooperation: You agree to respond promptly to any inquiries from HMRC, the DWP, or our office to facilitate the processing of your HRP claim. 
    

7. Estimated vs. Actual Recovery
 

1. Estimates Only: Any online calculators or preliminary assessments provided by us are for estimation purposes only. 

2. Actual Amounts: The actual benefit or overpayment recovered may differ from initial estimates, and we are not liable for any discrepancies. 
    

8. Application, Consent, and Authorisation
 

1. Application Confirmation: By submitting an HRP claim application, you confirm that all provided information is accurate and complete. 

2. Consent to Act: You authorize us to liaise with HMRC, the DWP, and any other relevant authority on your behalf, including the submission and management of your HRP claim. 

3. Assignment of Benefits: You acknowledge that any benefit or overpayment recovered as a result of your HRP claim is subject to the agreed fee deductions. 
    

9. Cancellation of Your Claim
 

1. Right to Cancel: You may request cancellation of your HRP claim within 48 hours of submission by emailing applications@evanshaw.co.uk. 

2. HMRC Involvement: If HMRC has already processed or approved your claim, cancellation may not be possible, and any fee incurred remains non-refundable. 

3. Our Right: We reserve the right to cancel your HRP claim at any time if we suspect fraudulent activity or if the information provided is materially incorrect. 
    

10. Data Protection & Compliance
 

1. Privacy Policy: Your personal data will be processed in accordance with our Privacy Policy. 

2. Communication Consent: You agree that we may contact you using the contact details you provided (including phone, SMS, and email) for purposes relating to your HRP claim, including status updates, identity verification, and follow-up communications. 

3. Identity Verification: In compliance with Money Laundering Regulations and other applicable laws, we may verify your identity prior to processing payments or claims. 
    

11. Liability and Indemnity
 

1. Limitation of Liability: Our liability in relation to the HRP claim is limited to the total fees paid by you. 

2. No Indirect Losses: We are not liable for any indirect or consequential losses (including missed benefits or financial losses) arising from an unsuccessful HRP claim. 

3. Indemnity: You agree to indemnify and hold harmless Evanshaw Ltd against any claims, damages, or losses arising from inaccuracies or omissions in the information you provide. 
    

12. Fraud Prevention & Compliance
 

1. Fraud Detection: We reserve the right to refuse or terminate services if we suspect any fraudulent activity or misrepresentation in connection with your HRP claim. 

2. Client Responsibility: You agree to provide authentic and verifiable information and understand that any fraudulent claim may result in legal action. 
    

13. Severability
 

1. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect. 
    

14. Governing Law & Jurisdiction
 

1. These Terms are governed by and construed in accordance with the laws of England and Wales. 

2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England. 
    

15. Complaints
 

1. Complaint Process: If you have any concerns or complaints about our HRP services, please email complaints@evanshaw.co.uk. 

2. Response Time: We will acknowledge your complaint within 5 working days and provide a formal response within 21 working days. 

3. Escalation: Should you remain dissatisfied, you may escalate your complaint to our Senior Refund Manager at: 
   Senior Refund Manager Evanshaw Ltd, Suite G3, Alexandra Court, Carrs Road, Cheadle, England, SK8 2JY. 
    

16. Amendments
 

1. We reserve the right to update or modify these Terms at any time. Any changes will be communicated to you via email or through our website. Continued use of our HRP services after such changes constitutes acceptance of the revised Terms. 
    

17. Force Majeure / Regulatory Changes
 

1. We shall not be liable for any delays or failure to perform our obligations under these Terms if such delay or failure is due to events beyond our reasonable control, including but not limited to changes in legislation, government policy, or directives issued by HMRC or the DWP. 

2. In the event of any significant regulatory change affecting HRP claims, we reserve the right to modify these Terms accordingly. 
    

18. Data Security and Confidentiality
 

1. In addition to our Privacy Policy, we implement industry-standard security measures to protect your personal data. 

2. However, we cannot guarantee absolute security. By using our services, you acknowledge and accept the inherent risks associated with data transmission over the Internet. 

3. All information provided to us will be treated as confidential and used solely for the purpose of processing your HRP claim. 
    

19. Client Rights to Updates and Monitoring
 

1. You have the right to request periodic updates on the status of your HRP claim. 

2. We will make reasonable efforts to keep you informed throughout the processing period; however, communications from HMRC and the DWP are beyond our control. 
    

20. Relationship with Government Agencies
 

1. Please note that our services are independent of HMRC and the DWP. We act solely as an intermediary on your behalf. 

2. Any decisions, processing delays, or changes issued by HMRC or the DWP are outside our control and do not constitute a breach of these Terms. 
    

21. Client Acknowledgement of Risks
 

1. By using our services, you acknowledge that any claim for HRP is subject to the policies and processing times of HMRC and the DWP. 

2. We cannot guarantee the outcome or the amount recovered, and you assume any risks associated with these government processes. 
    

By submitting your HRP claim, you confirm that you have read, understood, and agree to these Terms and Conditions.
If you have any questions or require further clarification regarding these Terms, please contact us at info@evanshaw.co.uk