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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:- If your gross monthly income exceeds the above figures you may still receive a partial fee remission.
The application form 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 – available here.
From 20 June 2016 potential users of the court have been able to apply for “Help with Fees” online at uk/help-with-court-fees “Help with Fees” is the name now given to fee remission.
However, there are two exceptions to this rule: The guidance now 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.” The fee remission scheme is based on two tests:- You will have to pass both tests in order to be eligible for a fee remission.
Lord Dyson, The Master of the Rolls has expressed his concern, to the Lord Chancellor and Secretary of State for Justice, in relation to the increased fees and the potential impact on mid and higher value claims and in his letter of response Chris Grayling states that he has “…asked officials to monitor the situation in respect of the type of higher value claims that are the cause of your concern and consider whether guidance needs to be strengthened on the use of the exceptional circumstances remission.
Starting proceedings (High Court and County Court)” to the end of the entry headed “Fees 1.1, 1.2 and 1.3”, substitute— (4) In Schedule 1 (fees to be taken), for the entry in column 2 (amount of fee) corresponding to fee 2.1 (a) (case on the multi track) substitute “£1090”.
(5) In Schedule 1 (fees to be taken) for the entry in column 2 (amount of fee) corresponding to fee 2.1 (b) (case on the fast track) substitute “£545”.
Amendment to the Family Proceedings Fees Order 2008 3.—(1) The Family Proceedings Fees Order 2008(4) is amended as follows.
Article 2(2) makes a minor amendment to the provision identifying exceptions from the provisions for remission to reflect the altered number of the fee for starting proceedings electronically by the Money Claims Online facility.
Articles 2(4) and (5) and 3 prescribe afresh, without altering the amount, three fees set before the enactment of section 180 of the Anti-social Behaviour, Crime and Sentencing Act 2014 (c. Those three fees currently recover more than the costs of providing the service.