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. “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. “HRP Claim” means the process by which we assess, prepare, and submit your claim for potential underpayments (arrears), adjustments, or benefit entitlements related to home responsibilities to HMRC and/or DWP (as applicable) or other relevant authorities. By using our services, you also agree to the terms of our Conditional Fee Agreement (CFA), which governs our success fee and payment structure.
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.
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:
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. “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.
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 State Pension and/or Pension Credit arrears paid to you by DWP following an HRP correction, you agree to pay our Success Fee within 7 days of receipt. We will issue a clear invoice and provide a breakdown so you can see exactly how the fee has been calculated. 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 7 days of receiving them. You also agree to provide a copy of the DWP arrears breakdown letter (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 HRP-related corrections (for example, State Pension arrears 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.
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: 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 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.
Client Cooperation: You agree to respond promptly to any inquiries from HMRC, the DWP, or our office to facilitate the processing of your claim.
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.
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.
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.
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.
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.
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.
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, 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 (HRP-related arrears are paid directly to you).
If HMRC, 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 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 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 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.
By agreeing to these Terms, you acknowledge that the Conditional Fee Agreement (CFA) includes a limited power of attorney in favour of Evanshaw Ltd. This is administrative only and allows us to: re-issue or correct claim-related forms (for example, re-submitting a CF411 or correcting obvious errors such as your address or National Insurance number) where you have already given your instructions; and correspond with HMRC and DWP about your Claim. This limited power of attorney does not allow us to: sign the CFA, your initial Letter(s) of Authority or HMRC Form 64-8 on your behalf; agree to any settlement terms or substantive choices that you have not first approved; or direct DWP to pay arrears to us instead of you. The power of attorney ends automatically when the CFA ends and does not give Evanshaw Ltd any authority beyond what is needed to process your Claim. It is not an assignment of any arrears.
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.
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.
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.
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.
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.
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.
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.
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 or the DWP are outside our control and do not constitute a breach of these Terms.
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.
