Terms & Conditions.

1. Introduction

These Terms and Conditions ("Terms") govern your use of our services in relation to Home Responsibilities Protection ("HRP") claims and related State Pension correction / underpayment reviews, National Insurance record or qualifying-year corrections, and linked Pension Credit effects where relevant to your case. By using our services, you agree to these Terms. "We," "Us," and "Our" refer to Evanshaw Ltd, Suite 105, Highfield House, Highfield, Cheadle Royal Business Park, Cheadle, England, SK8 3GY.

"You" and "Your" refer to the individual(s) or entity submitting a claim using our services via our website. "Claim" means the process by which we assess, prepare, submit or progress your claim or enquiry for potential underpayments, arrears, corrections, adjustments, uplifts or benefit entitlements relating to HRP, your State Pension, National Insurance record, NI credits or qualifying years, widow's/widower's/surviving spouse or inherited State Pension entitlement, marriage-based State Pension uplift, deferred or delayed State Pension entitlement, and any linked Pension Credit effect where relevant to your case. By using our services, you also agree to the terms of our Conditional Fee Agreement (CFA), which governs our success fee and payment structure.

2. Definitions and Scope

Service Description: Our services include the assessment, preparation, submission and progression of Claims, including HRP claims, related State Pension and National Insurance record corrections, NI credits or qualifying-year corrections, State Pension correction / underpayment reviews, and linked Pension Credit effects where relevant to your case.

Eligibility / relevant categories: It is your responsibility to provide accurate information so that we can assess whether you may fall within a relevant HRP or State Pension correction / underpayment category. Depending on your circumstances, this may include one or more of the following:

• HRP / 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.
• National Insurance credits or qualifying-year corrections: There may be missing, incorrect or unrecorded NI credits or qualifying years affecting your State Pension calculation.
• Marriage-based State Pension uplift: You may be entitled to a spouse or civil-partner based increase, married woman's uplift or Category BL uplift where applicable.
• Widow's, widower's or surviving spouse entitlement: You may be entitled to a State Pension uplift or inherited State Pension entitlement linked to a late spouse or civil partner.
• Deferred or delayed State Pension: You may have deferred or delayed claiming State Pension and may be entitled to extra State Pension, a deferred lump-sum, one-off payment, arrears or back payment where applicable.
• Linked Pension Credit effects: A State Pension correction or underpayment review may affect Pension Credit, but only where linked to the relevant State Pension correction or underpayment matter.

If you fall into any of these groups, your pension will not necessarily be automatically topped up, and you should check whether you may be eligible for a Claim. "Supporting Documents" refer to any documentation (e.g., proof of home responsibilities, previous tax or pension communications, DWP notices, award letters, pension statements, or other evidentiary records) that you must supply to support your Claim.

3. Your Responsibilities

• Accurate Information: You agree to provide full, accurate, and complete information regarding your Claim.
• Timely Provision: You will promptly supply all Supporting Documents and any additional information requested by us or by HMRC/DWP.
• Eligibility Information: You confirm that the information you provide about your circumstances is accurate and complete, and you understand that eligibility will depend on the specific HRP, State Pension, NI record, uplift, deferral or linked Pension Credit issue relevant to your case.
• Authorization: You authorise us to act on your behalf in relation to the Claim, including communications with HMRC and the DWP, subject always to the authority you grant via the documents you sign (including the CFA, HMRC Form 64-8 and any DWP Letter(s) of Authority).

4. Our Responsibilities

• Service Delivery: We will use our reasonable skill and care to process your Claim accurately and in a timely manner.
• Communication: We will keep you informed of any significant developments or requests for further information from HMRC or the DWP.
• Discretion: We reserve the right to refuse or withdraw our services if we believe that your Claim does not meet eligibility criteria or if there is any indication of fraud or misrepresentation.
• No Guarantee: We do not guarantee that your Claim will be approved. HMRC, DWP or the relevant authority retains sole discretion in determining claim outcomes.

5. Fees and Payment

Service Fee (arrears only): Our Success Fee is 30% plus VAT at the standard rate (currently 20%). VAT is charged at 20% on our 30% fee. In practice, this means the total you pay is 36% of the arrears you actually receive. We calculate the fee based on the net arrears you receive, after any deductions DWP may make to repay a debt (sometimes called a "set-off"). We never charge on ongoing State Pension or ongoing Pension Credit/benefits. If no arrears are paid, no fee is payable.

Paying our Success Fee: If you receive arrears paid to you by DWP following the Claim, we will ask you to provide the DWP arrears breakdown letter, award notice or other reasonable evidence showing the amount paid and any deductions or set-off applied. We will then issue a clear invoice showing how the Success Fee has been calculated. Payment will be due within 14 days from the date of our invoice, not from the date you receive the arrears.

Payment can be made by bank transfer, debit card/payment link, telephone-assisted payment, cheque by post, or another reasonable method agreed with Evanshaw.

If you are digitally excluded, need paper copies, cannot scan documents, or require help understanding or paying the invoice, you can contact Evanshaw and we will provide reasonable support.

If the Success Fee is not paid within the stated timeframe, we will send reasonable reminders.

If you have questions about the calculation or need more time, you can contact us to discuss it and (where appropriate) agree a payment plan. If payment is still not received after reasonable reminders, we will send a final written notice explaining the amount due, how it was calculated, and the next steps.

If there is no engagement after the final written notice, we may take formal steps to recover the outstanding fee as a last resort, always acting fairly and proportionately and taking account of vulnerability. If you are worried about paying, please contact us - we can discuss options.

Telling us when you receive arrears (and providing the breakdown): If you receive arrears, you agree to tell us as soon as reasonably possible and, where you can, within 14 days of receiving them. You also agree to provide a copy of the DWP arrears breakdown letter, award notice or other reasonable evidence showing the arrears amount paid to you and any deductions DWP has made. This helps us calculate the Success Fee accurately and issue a clear invoice.

If you are unable to provide this, please contact us and we will agree an alternative way to confirm the amount.

Net-of-Offsets: If DWP offsets any amount (for example, to recover historic overpayments or debts) before paying arrears, our Success Fee is calculated on the net arrears actually received (that is, the amount paid after any such set-off).

Prior Processing: If HMRC or DWP was already processing your case or reviewing your record before you instructed us, our fee still applies if DWP ultimately pays arrears during or after our involvement and our work has materially contributed to progressing or concluding the matter.

Additional Charges: You may incur additional administrative fees only where we agree specific extra work with you (for example, where you ask us to assist with other tax/benefits matters beyond the Claim). Any such fees will be clearly explained and agreed with you in advance.

Fee Disputes: Any disputes over fees must be submitted in writing within 28 days of the date of our invoice or fee summary. We will review any dispute fairly and may, at our discretion, reduce or waive part of the fee where appropriate. Any reduction or waiver will be considered at our sole discretion (less reasonable administrative costs).

Definition of a Successful Claim (for fee purposes): A successful claim for fee calculation means that you receive a backdated arrears payment paid by DWP as a result of the Claim, including a correction to your NI record, HRP position, State Pension entitlement, NI credits or qualifying years, widow's/widower's/surviving spouse or inherited State Pension entitlement, marriage-based State Pension uplift, deferred or delayed State Pension entitlement, or linked Pension Credit arrears. No fee is charged on ongoing increases to your State Pension or on continuing Pension Credit/benefits. Where your NI record is updated but no arrears are paid, no fee is payable.

6. Processing Your Claim

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

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

HMRC Processing of HRP Claims: For HRP-related claims, HMRC processes your application and will notify you of its acceptance or rejection. Upon acceptance, HMRC will update your National Insurance records with HRP details for the applicable years. If you are already receiving a State Pension, HMRC will notify the Department for Work and Pensions (DWP).

DWP Processing of State Pension Corrections and Payments: DWP will process any necessary changes to your State Pension payments, including any State Pension correction / underpayment review that is relevant to your Claim. For HRP-related matters, DWP may act after HMRC updates your National Insurance record. For DWP-only matters, such as widow's/widower's/surviving spouse or inherited State Pension, marriage-based or Category BL uplift, deferred or delayed State Pension, or linked Pension Credit effects, DWP may deal with the matter directly under the DWP Letter of Authority. DWP will usually inform you of any revised State Pension award and any additional pension benefits or arrears to which you may be entitled.

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

7. Estimated vs. Actual Recovery

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

Actual Amounts: The actual benefit entitlement or arrears/backdated amounts awarded may differ from initial estimates, and we are not liable for any discrepancies.

8. Application, Consent, and Authorisation

1. Application Confirmation: By submitting an application, you confirm that all information you provide is accurate and complete to the best of your knowledge and that you will tell us if your circumstances change.
2. Consent to Act: You authorise us to liaise with HMRC, the Department for Work and Pensions (DWP) and any other relevant government body on your behalf in relation to the Claim, including the submission and management of your claim documents, subject always to any specific DWP Letter(s) of Authority and HMRC Form 64-8 you sign.
3. Signing of final completed documents: You will sign the final completed (filled-in) version of any authority/consent or claim form we rely on. We will not change a document after you have signed it; if changes are needed, we will provide a revised final version for you to sign again. This includes the CFA, HMRC 64-8, any NI SoA Request & Consent (where used), any DWP LOA (where used), and any DWP pension information request (where used).
4. National Insurance Statements of Account (SoA): As part of checking whether you have a valid HRP-related claim, we may need to request a detailed National Insurance Statement of Account from HMRC for specific tax years that are relevant to your circumstances. If this is needed, we will explain what information is being requested and why, and we will prepare a National Insurance Statement of Account Request & Consent form in your name, limited to those tax years.
   
   We will not submit this request to HMRC unless you have signed the final completed request (either electronically via our electronic signature process or by wet-ink signature in a paper pack for digitally excluded customers).
5. Arrears Payments and Fees: You acknowledge that any State Pension arrears, underpayments, uplifts, deferred lump-sum, one-off payment, back payment and/or linked Pension Credit arrears arising from the Claim are paid by DWP directly to you and will not be paid to Evanshaw (or any agent). If you receive arrears, you agree to pay our Success Fee in accordance with section 5 above and the Conditional Fee Agreement (CFA).
6. Review before we proceed: By submitting an application, you acknowledge that you will be able to review and agree to our full Terms and Conditions, Privacy Notice and CFA before we proceed with your Claim, and that you understand how our fee works and when it will be charged in the event of a successful outcome.

9. Cancellation of Your Claim

Right to Cancel: In accordance with the Consumer Contracts Regulations 2013, you have the right to cancel this agreement within 14 days of entering into it, without giving any reason and without incurring any fee.

During the Cooling-Off Period: If you cancel within the 14-day cooling-off period, you will not be charged any fee. We may carry out limited preparatory or evidence-request work during the cooling-off period where you have asked us to do so, but no Success Fee or other charge will be payable if you cancel during the 14-day cooling-off period.

After the Cooling-Off Period: After the 14-day cooling-off period you may cancel at any time. If arrears are later paid to you as a result of work carried out by Evanshaw before cancellation, the Success Fee may remain payable on those arrears. No fee is payable if no arrears are paid. No other cancellation fee applies.

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

10. Data Protection & Compliance

• Privacy Policy: Your personal data will be processed in accordance with our Privacy Policy.
• 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 Claim, including status updates, identity verification, and follow-up communications.
• Identity Verification: In compliance with Money Laundering Regulations and other applicable laws, we may verify your identity prior to processing payments or claims.
• Electronic signature records (AES): We retain Advanced Electronic Signature (AES) audit trails and signed documents for 6 years from the later of (i) the date your Claim is concluded/closed or (ii) the date arrears are paid, unless a longer period is required by law or for regulatory/compliance reasons.

11. Liability and Indemnity

1. Limitation of Liability: To the extent permitted by law, our total liability arising out of or in connection with these Terms is limited to the greater of £1,000 or the total fees paid by you in the 12 months preceding the event giving rise to the claim. Nothing limits liability for fraud, fraudulent misrepresentation, or death/personal injury caused by negligence.
2. No Indirect Losses: We are not liable for any indirect or consequential losses (including missed benefits or financial losses) arising from an unsuccessful 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

Fraud Detection: We reserve the right to refuse or terminate services if we suspect any fraudulent activity or misrepresentation in connection with your Claim. You agree to provide authentic and verifiable information and understand that any fraudulent claim may result in legal action.

13. Assignment and Transfer of Obligations

Evanshaw Ltd may assign, charge, transfer, or subcontract any of our rights and obligations under these Terms and the Conditional Fee Agreement where it is necessary to secure funding in connection with your Claim. Specifically, our rights may be assigned by way of security to a funder of Evanshaw Ltd. This does not change your appointed HMRC agent or DWP representative, and Evanshaw Ltd will remain responsible for handling your Claim unless replaced under the "Alternative Agent" clause below.

Except as set out above, neither you nor Evanshaw Ltd may assign or transfer rights or obligations under this agreement without the written consent of the other party. For clarity, any assignment by Evanshaw is a transfer of contractual rights and obligations only. It does not transfer or assign your entitlement to arrears, and it does not change how DWP makes arrears payments (arrears arising from the Claim are paid directly to you).

14. Alternative Agent

If HMRC or DWP, for any reason, removes or withdraws Evanshaw Ltd's authority to act on your behalf for the Claim (for example, by refusing to recognise our agent or representative status or by restricting our access), we may, where appropriate, help you instruct an alternative agent to continue your Claim without you paying two success fees for the same outcome.

The alternative agent will be either: (a) Arkay Accountancy Services Ltd (our existing accountancy partner that already works with HMRC on tax-related matters); or (b) another agent authorised to act with HMRC and/or DWP that we agree with you at the time. We will always explain who the alternative agent is, how they will be paid, and provide you with their Terms and Conditions and privacy information. You are not obliged to accept any alternative agent and may choose instead to stop the Claim.

You agree that, if you choose to proceed with an alternative agent, you will need to sign a replacement Conditional Fee Agreement, DWP Letter(s) of Authority, and HMRC Form 64-8 where required with that agent before they can act. Any new CFA with an alternative agent will come with its own 14-day cooling-off period, which will be explained to you at the time. We will not transfer your Claim or any rights under your CFA without your explicit consent.

Fees if an Alternative Agent is appointed: You will not pay two success fees for the same outcome. If you appoint an Alternative Agent and they become the authorised agent when arrears are paid, the success fee will be payable to that Alternative Agent under their agreement with you.

Evanshaw will not charge you any additional fee on top of the agreed success fee; any apportionment for work already completed (if applicable) will be agreed between Evanshaw and the Alternative Agent and will not increase the fee you pay.

15. Severability

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.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England.

17. Complaints

Complaint Process: If you have any concerns or complaints about our services, please email complaints@evanshaw.co.uk. We will acknowledge your complaint within 3 working days and provide a formal response within 14 working days. Should you remain dissatisfied, you may escalate your complaint to our Senior Refund Manager at: Evanshaw Ltd, Suite 105, Highfield House, Highfield, Cheadle Royal Business Park, Cheadle, England, SK8 3GY.

18. Amendments

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 services after such changes constitutes acceptance of the revised Terms.

19. Force Majeure / Regulatory Changes

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. In the event of any significant regulatory change affecting Claims or related State Pension, National Insurance or Pension Credit processes, we reserve the right to modify these Terms accordingly.

20. Data Security and Confidentiality

In addition to our Privacy Policy, we implement industry-standard security measures to protect your personal data. However, we cannot guarantee absolute security. By using our services, you acknowledge and accept the inherent risks associated with data transmission over the Internet. All information provided to us will be treated as confidential and used solely for the purpose of processing your Claim.

21. Client Rights to Updates and Monitoring

You have the right to request periodic updates on the status of your Claim. We will make reasonable efforts to keep you informed throughout the processing period; however, communications from HMRC and the DWP are beyond our control.

22. Relationship with Government Agencies

Please note that our services are independent of HMRC and the DWP. We act solely as an intermediary on your behalf. Any decisions, processing delays, or changes issued by HMRC and the DWP are outside our control and do not constitute a breach of these Terms.

23. Client Acknowledgement of Risks

By using our services, you acknowledge that any Claim is subject to the policies and processing times of HMRC and the DWP. We cannot guarantee the outcome or the amount recovered, and you assume any risks associated with these government processes. By submitting your 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.

Contact Us

Evanshaw Ltd
Suite 105 Highfield House,
Cheadle Royal Business Park,
Cheadle, England, SK8 3GY

Email: info@evanshaw.co.uk
Telephone: 0161 241 1178

For context only: DWP management information on the HRP correction exercise reports an average arrears payment of £8,377 (to the published cut-off). Outcomes vary and are not guaranteed.