On 7th October, HM Courts and Tribunal Service, now an agency of the Ministry of Justice, introduced new regulations on the payment of courts fees, and on remissions and exemptions.
Full details may be found on the ‘Justice’ website in a section entitled Court and Tribunal fees. Here you will find a link to the key document EX160A ‘Court and Tribunal Fees – Do I Have to Pay Them? This Leaflet Includes the EX160 Application for a Fee Remission Form’
The introduction of the new fee system followed a process of consultation and review. It attempts to apply a consistent structure for payments across the court system in England. The most important change is that fee remissions are no longer automatic for people on benefits or who fall below an income threshold; income and disposable capital will now both be taken into account – which may affect low-earners with ‘substantial savings’.
Although the new regulations are intended to apply consistency across the entire court service, it is important to note that special exemptions still apply to the Court of Protection. For full details, see the EX160A Guidance document.
In brief: in ‘health and personal welfare’ cases, eligibility for a fee remission will be assessed on the financial circumstances of the person making the application (on behalf of the person lacking capacity); in ‘property and financial affairs’ cases (or for combined ‘property and financial affairs’ + ‘health and personal welfare’ cases) eligibility for remission will be assessed on the financial circumstances of the the person lacking capacity. But please read the guidance in full (especially Section 3), or seek advice.