An application for help with fees, that is to avoid paying a court or tribunal fee altogether, or getting a reduction on the normal fee, is made on Form EX160: Apply for help with fees. The process for applying online is:
In June 2016, HM Courts and Tribunals Service updated its guide on how to apply for help with fees. That 20 page publication is on Form EX160A.
Eligibility
To be eligible for a fee remission, the court user must pass two tests: the disposable capital test and the gross monthly income test. They must also fill out Form EX160. Only the person who has to pay the court or tribunal fee can make a fee remission application. However, there are two exceptions to this rule:
The guidance says:
“Minors: If you are acting for or representing a child involved in court or tribunal proceedings, in your capacity as a Litigation Friend, parent or guardian, you can apply for a full or part remission using your own details.”
As noted above, the fee remission scheme is based on two tests:
The court user will have to pass both tests in order to be eligible for a fee remission.
Disposable capital test
In order to pass the disposable capital test (the first test that must be passed), you must have a disposable capital of below the following thresholds; if you do, then you will pass the disposable capital test and can continue to the gross monthly income test.
| Court or tribunal fee | Disposable capital threshold |
| Your court or tribunal fee is: | You and your partner’s disposable capital is less than: |
| Up to £1,000 | £3,000 |
| £1,001–£1,335 | £4,000 |
| £1,336–£1,665 | £5,000 |
| £1,666–£2,000 | £6,000 |
| £2,001–£2,330 | £7,000 |
| £2,331–£4,000 | £8,000 |
| £4,001–£5,000 | £10,000 |
| £5,001–£6,000 | £12,000 |
| £6,001–£7,000 | £14,000 |
| £7001 or more | £16,000 |
For people 61 years or older, there is a single disposable capital limit of £16,000, regardless of the amount of the court fee.
If you have disposable capital equal to or more than the relevant threshold you will not be eligible for a fee remission and will be required to pay the fee in full. The Ministry of Justice states that disposable capital is:
“… the value of savings, investments and so on which you and your partner (if you have one) have on the date the application is made . It does not include wages or benefits. However, if you are bringing proceedings with a contrary interest, do not include the value of your partner’s disposable capital, or any capital held jointly by you or your partner (for example, a joint savings account).”
Examples of disposable capital are as follows:
The following should not be included when calculating disposable capital:
If you pass the disposable capital test, then you can continue to the gross monthly income test which will also need to be passed in order to be eligible for a full or part remission. However, if you do not pass this test, that is the disposable capital test, then you are not eligible for any fee remission and you do not need to consider the gross monthly capital test.
Gross monthly income test
There are two types of fee remission and you have to pass both tests in order to be eligible for a fee remission:
| Gross monthly income cap thresholds: full remissions | ||
| Gross monthly income with: | Single | Couple |
| No children | £1,085 | £1,245 |
| One child | £1,330 | £1,490 |
| Two children | £1,575 | £1,735 |
| £245 for each additional child | ||
If your gross monthly income exceeds the above figures, you may still receive a partial fee remission. For every £10 of income you have over the threshold set out in the above table, you will be required to pay £5 towards your court or tribunal fee. The court or tribunal will calculate whether you are required to pay a contribution towards the fee, known as a partial remission.
If your gross monthly income is over the below figures, or your expected contribution is higher than the fee required, you will not be eligible for a fee remission:
| Gross monthly income cap thresholds: partial remissions | ||
| Gross monthly income with: | Single | Couple |
| No children | £5,085 | £5,245 |
| One child | £5,330 | £5,490 |
| Two children | £5,575 | £5,735 |
| £245 for each additional child | ||
Refunds
A fee remission can be applied for before the case is issued, or a refund can be applied for following payment of the court fee.
However, the time limit in which a refund of a court fee can be applied for is stated as within six months of paying the fee in Schedule 2 of The Civil Proceedings Fees Order 2008 and within three months of paying the fee on page 19 of the HM Courts & Tribunals Service’s own guidance on EX160.
