THE COURT OF PROTECTION RULES 1994

Administration fee

80.—(1) An annual administration fee shall be payable in respect of the clear annual income at the disposal of the patient from the date of issue of the first application for the appointment of a receiver or other originating process until the termination of the proceedings.

(2) The Public Trustee shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient in which there shall be stated—

(a) the amount of the administration fee payable in respect of the patient at the date of the certificate;

(b) the period in respect of which the administration fee is payable; and

(c) the name of the person by whom the payment is to be made.

(3) The Public Trustee may, if he thinks fit, issue a certificate for the payment of an estimated administration fee.

(4) Upon the issue of a certificate under this rule the amount of the fee shall be charged upon the patient’s estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the Public Trustee may allow.

(5) In any case in which it appears to the Public Trustee that the amount of the fee certified under this rule has been wrongly assessed, he may direct that the fee is to be adjusted upon the passing of the receiver’s accounts or at such other time as appears to him to be convenient.

(6) Without prejudice to the generality of rule 86—

(a) no administration fee may be taken where the proceedings are terminated before any order is made, and

(b) the clear annual income at the patient’s disposal for the purposes of this rule does not include income which accrued and became payable to him more than six months prior to the date of the first application for the appointment of a receiver or other originating process but which was received after that date.