Office of Public Sector Information
SCHEDULE continued
Article 4
1.—(1) In this Schedule—
“child care costs” and “the Independent Living Funds” have the meaning given to them in the Criminal Defence Service (Financial Eligibility) Regulations 2006(14);
“child” means a child of the party, living in his household, under the age of 18;
“couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002(15);
“disposable monthly income” has the meaning given in paragraph 5;
“excluded benefits” means —
any of the following benefits payable under the Social Security Contributions and Benefits Act 1992(16)—
attendance allowance paid under section 64;
severe disablement allowance;
carer’s allowance;
disability living allowance;
constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;
council tax benefit;
any payment made out of the social fund;
housing benefit;
any direct payments made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003(17) or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004(18);
a back to work bonus payable under section 626 of the Jobseekers Act 1995(19);
any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983(20);
any pensions paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pension Order 2006(21);
any payments made from the Independent Living Funds; and
any financial support paid under an agreement for the care of a foster child.
“gross annual income” means total annual income, for the 12 months preceding the application for remission or part remission, from all sources other than receipt of any of the excluded benefits;
“gross monthly income” means total monthly income, for the month in which the application for remission or part remission is made, from all sources other than receipt of any of the excluded benefits;
“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom he is not living separate and apart;
“party” means the party who would, but for this Schedule, be liable to pay the fee required under this Order; and
“restraint order” means—
(2) Paragraphs 2, 3 and 4 are subject to the provisions of paragraphs 8 (vexatious litigants) and 9 (exception).
2.—(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise be payable—
(a) is in receipt of a qualifying benefit; and
(b) is not in receipt of , as appropriate, either—
(i) representation under Part IV of the Legal Aid Act 1988(24) for the purposes of the proceedings; or
(ii) funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party.
(2) The following are qualifying benefits for the purposes of paragraph (1)(a)—
(a) income support under the Social Security Contributions and Benefits Act 1992;
(b) working tax credit, provided that no child tax credit is being paid to the party;
(c) income-based jobseeker’s allowance under the Jobseekers Act 1995; and
(d) guarantee credit under the State Pension Credit Act 2002(25).
3.—(1) No fee shall be payable under this Order by a party if, at the time when the fee would otherwise be payable, he has the number of children specified in column 1 of the table below and —
(a) if he is single, his gross annual income does not exceed the amount set out in the appropriate row of column 2; or
(b) if he is one of a couple, the gross annual income of the couple does not exceed the amount set out in the appropriate row of column 3.
Column 1 Number of children of party paying fee |
Column 2 Single |
Column 3 Couple |
|---|---|---|
| no children | £12,000 | £16,000 |
| 1 child | £14,470 | £18,470 |
| 2 children | £16,940 | £20,940 |
| 3 children | £19,410 | £23,410 |
| 4 children | £21,880 | £25,880 |
(2) If the party paying the fee has more than 4 children then the relevant amount of gross annual income shall be the amount specified in the table for 4 children plus the sum of £2,470 for each additional child.
4.—(1) No fee shall be payable under this Order by a party if, at the time when the fee would otherwise be payable, his disposable monthly income is £50 or less.
(2) The maximum amount of fee payable by a party is—
(a) if his disposable monthly income is more than £50 but does not exceed £210, an amount equal to one-quarter of every £10 of his disposable monthly income up to a maximum of £50; and
(b) if his disposable monthly income is more than £210, an amount equal to £50 plus one-half of every £10 over £200 of his disposable monthly income.
(3) Where the fee that would otherwise be payable under this Order is greater than the maximum fee which a party is required to pay as calculated in sub-paragraph (2), the fee shall be remitted to the amount payable under that sub-paragraph .
5.—(1) A party’s disposable monthly income is his gross monthly income for the month in which the fee becomes payable (“the period”) less the deductions referred to in sub-paragraphs (2) and (3).
(2) There shall be deducted from the gross monthly income—
(a) income tax paid or payable in respect of the period;
(b) any contributions estimated to have been paid under Part I of the Social Security Contributions and Benefits Act 1992;
(c) either—
(i) monthly rent or monthly payment in respect of a mortgage debt or hereditable security, payable by him in respect of his only or main dwelling, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992; or
(ii) the monthly cost of his living accommodation.
(d) any child care costs paid or payable in respect of the period;
(e) if the party is making bona fide payments for the maintenance of a child who is not a member of his household, the amount of such payments paid or payable in respect of the period;
(f) any amount paid or payable by the party, in respect of the period, in pursuance of a court order.
(3) There shall be deducted from the gross monthly income an amount representing the cost of living expenses in respect of the period being—
(a) £279; plus
(b) £198 for each child of the party; plus
(c) £142, if the party has a partner.
6.—(1) For the purpose of determining whether a party is entitled to the remission or part remission of a fee in accordance with this Schedule, the income of his partner, if any, is to be included as income of the party.
(2) The receipt by a partner of a qualifying benefit does not entitle a party to remission of a fee.
7.—(1) An application for remission or part remission of a fee shall be made to the court officer at the time when the fee would otherwise be payable.
(2) If the applicant is claiming a full remission of fees he must provide documentary evidence of, as the case may be—
(a) his entitlement to a qualifying benefit; or
(b) his gross annual income and, if applicable, the children included for the purposes of paragraph 3.
(3) If the applicant is claiming a full or part remission of fees under paragraph 4, he must provide documentary evidence of—
(a) such of his gross monthly income as he derives from—
(i) employment;
(ii) rental or other income received from persons living with him by reason of their residence in his home;
(iii) a pension; or
(iv) a state benefit, not being an excluded benefit;
(b) any expenditure being deducted from his gross monthly income in accordance with paragraph 5(2).
8.—(1) This paragraph applies where—
(a) a restraint order is in force against a party;
(b) the party makes an application for leave to—
(i) issue proceedings or take a step in proceedings as required by the restraint order;
(ii) apply for amendment or discharge of the order; or
(iii) appeal the order.
(2) The fee prescribed for the application by Schedule 1 to this Order shall be payable in full.
(3) If the court grants the permission requested there shall be refunded to the applicant the difference between—
(a) the fee paid; and
(b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.
9. This Schedule does not apply to fee 8.8 (fee payable on a consolidated attachment of earnings order or an administration order.”
S.I. 2006/2492; there are no relevant amendments. Back [14]
2002 c.21. Section 5A was inserted by paragraph 144 of Schedule 24 to the Civil Partnership Act 2004 (c.33). Back [15]
S.I. 2003/762. Back [17]
S.I. 2004/1748. Back [18]
S.I. 1983/686. Back [20]
S.I. 2006/606. Back [21]
1981 c.54. Section 42(1A) was inserted by section 24 of the Prosecution of Offences Act 1985 c. . Back [22]
S.I. 1988/ 3132. Relevant amendment is S.I.2004/2072. Back [23]
The Civil Proceedings Fees (Amendment) (No.2) Order 2007