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Court fee remission scheme: under review

Posted on Monday, 6th May 2013 by

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Currently those on “passported” benefits are automatically eligible for a full fee remission. This would not be the case under the new system.  Passported benefits include:

  • Income Support
  • Income Related Employment and Support Allowance (ESA)
  • Income – Based Jobseeker’s Allowance (JSA)
  • Guarantee State Pension Credit

The proposed new system would include a two part eligibility test to determine whether the applicant is eligible for a full or partial remission:

1. The household disposable capital test; and
2. The household income test.

1. Disposable Capital Test

The disposable capital test is entirely new to HMCS.  The consultation suggests that the applicant would simply declare the value of their household disposable capital by way of a statement of truth on the fee remission application form. This statement would in normal cases be sufficient proof.

2. Income Test

The current system assesses the applicant’s annual gross income but it is proposed that the new system would focus instead on the gross monthly income. The maximum income thresholds are to start from £1,085 for a single person with no children.

Changes in the pipeline

The new Universal Credit benefit is to be introduced in October 2013 and recipients of this will not be automatically entitled to a full fee remission. Some recipients may be “passported” depending on the level of Universal Credits received however the precise details of this have not yet been decided.

So for now those in receipt of passported benefits are eligible for court fee remission.  If you think this could be you book a free 30 minute consultation with us today and we will go through it with you. Click here to contact us.

Faye Remnant is part of our Family Law team based in Loughborough; our Solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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