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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 and related State Pension/National Insurance record corrections and Pension Credit entitlements. By using our services, you agree to these Terms.
  2. “We,” “Us,” and “Our” refer to Evanshaw Ltd, Suite 105, Highfield House, Highfield, Cheadle Royal Business Park, Cheadle, England, SK8 3GY.
  3. “You” and “Your” refer to the individual(s) or entity submitting a claim using our services via our website.
  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.
  5. 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

  1. Service Description: Our services include the assessment, preparation, and submission of HRP claims, related State Pension/National Insurance record corrections, and Pension Credit entitlements on your behalf to recover any benefits or arrears you may be entitled to.
  2. Eligibility (HRP): 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:
    1. 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.
    2. Marital Circumstances (Women):
      1. 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.
      2. You are a woman who got divorced after reaching state pension age, and you have not had your pension reassessed.
    3. 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 (SERPS or graduated retirement benefit).
    4. 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 claim.

3. Your Responsibilities

  1. Accurate Information: You agree to provide full, accurate, and complete information regarding your claim.
  2. Timely Provision: You will promptly supply all Supporting Documents and any additional information requested by us or by HMRC/DWP.
  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 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 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 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 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 (arrears only): Our 36% fee (incl. VAT) applies only to back-dated arrears/back-payments. We never charge on ongoing State Pension or Pension Credit. The fee is governed by your signed CFA and is 36% (incl. VAT) of any back-dated arrears/refund we recover. If no arrears are paid, no fee is payable.
  2. Repayment Nomination: By submitting your claim with Evanshaw Ltd, you authorise us—where permitted by HMRC or DWP—to receive any arrears/back-payments issued on your behalf, as a bare nomination, as confirmed in your signed Letter of Authority and Form 64-8. Any such funds received by Evanshaw will be held on trust, subject to the agreed service fee. We will notify you upon receipt, deduct the fee, and remit the remaining balance without undue delay and in any event within 7 working days of clearance. You may revoke this nomination in writing at any time before HMRC/DWP issues any repayment. If you do so, or if a repayment is paid directly to you, you remain liable for our fee and agree to settle any invoice within 7 days of receipt of the repayment.
  3. Net-of-Offsets: If HMRC or the DWP offsets any amount (e.g., to recover historic overpayments), our success fee is calculated on the net arrears actually received by you.
  4. Prior Processing: If HMRC or the DWP was already processing your case before you engaged our services, our fee remains applicable if arrears are ultimately paid during or after our involvement.
  5. 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.
  6. 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).
  7. Definition of a Successful Claim (for fee purposes): A successful claim for fee calculation means a back-dated arrears/refund is paid (for example: a lump-sum from HMRC/DWP for HRP-related State Pension back-payments or 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 HRP Claim

  1. 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.
  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:
    • 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).
  4. DWP Processing of Payments:
    • Following notification from HMRC, the DWP will process any necessary changes to your state pension payments.
    • The DWP will inform you of your revised state pension award, including any additional pension benefits to which you may be entitled.
    • 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 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 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 claim.
  3. Nomination and Fee: You acknowledge that any arrears/back-payment recovered is subject to our agreed success fee. You authorise our repayment nomination arrangements (as set out in the LOA). If HMRC/DWP pays you directly, you agree to pay our fee within 7 days of receipt. We do not use assignments of HMRC/DWP repayments.
  4. By submitting an application, you acknowledge that you will be asked to digitally sign a Conditional Fee Agreement (CFA) that outlines our success fee and how it will be charged in the event of a successful outcome.

9. Cancellation of Your Claim

  1. 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.
  2. After the Cooling-Off Period: After the 14-day cooling-off period you may cancel at any time; however, if a successful outcome (arrears) has already been achieved, the agreed success fee remains payable. No other cancellation fee applies.
  3. 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

  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 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: 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

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

  1. 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.
  2. Specifically, our rights may be assigned by way of security to a funder of Evanshaw Ltd. This does not change your appointed HMRC agent, and Evanshaw Ltd will remain responsible for handling your claim unless replaced under the “Alternative Agent” clause below.
  3. 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.
  4. For clarity, any assignment by Evanshaw is a transfer of contractual rights only and does not include an assignment of HMRC/DWP repayments; repayments are handled via nomination, not assignment.

14. Alternative Agent

  1. If HMRC, for any reason, removes or withdraws Evanshaw Ltd’s authority to act for you, Evanshaw Ltd (or its funder) may appoint another HMRC-registered agent to continue your claim without additional cost to you. The alternative agent will be either: (a) an organisation already named in our Privacy Policy and approved to act as an HMRC-registered agent; or (b) another HMRC-registered agent agreed with you at the time.
  2. You agree to sign any replacement Conditional Fee Agreement, Letter of Authority, HMRC Form 64-8, and any other documentation necessary for the alternative agent to act, so your claim can be completed without delay.

15. Power of Attorney

  1. By agreeing to these Terms, you acknowledge that the Conditional Fee Agreement includes a limited Power of Attorney appointing Evanshaw Ltd to sign documents and take actions strictly necessary to progress and complete your claim.
  2. This authority ends automatically when the CFA ends and does not give Evanshaw Ltd any authority beyond what is needed to process your claim.

16. 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.

17. 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.

18. Complaints

  1. Complaint Process: If you have any concerns or complaints about our services, please email complaints@evanshaw.co.uk.
  2. Response Time: We will acknowledge your complaint within 3 working days and provide a formal response within 14 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 105, Highfield House, Highfield, Cheadle Royal Business Park, Cheadle, England, SK8 3GY.

19. Amendments

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

20. 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 HRP claims or related pension/credit processes, we reserve the right to modify these Terms accordingly.

21. Data Security and Confidentiality

  1. In addition to our Privacy Policy, we implement industry-standard security measures to protect your personal data. However, we cannot guarantee absolute security.
  2. 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.

22. Client Rights to Updates and Monitoring

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

23. 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.

24. Client Acknowledgement of Risks

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