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Costs in the Court of Protection: fee remissions explained

The cost of making an application in the Court of Protection is £400, but applicants who can satisfy certain criteria are entitled to a fee remission or discount.

Since 7 October 2013 a new fee remission system has been in place for those individuals who would otherwise have difficultly paying a fee to use court or tribunal services. The new system is based on the following tests:

Discounts

1.   The Disposable Capital Test

  • The term ‘disposable capital’ encompasses all capital that does not fall into the following:
    • Property which is the main dwelling
    • Furniture and effects of main dwelling
    • Clothing
    • Any vehicle which, if sold, would leave you without transport
    • Tools of trade
    • Value of business
    • Capital of any Trust
    • Jobseekers back to work bonus
    • Compensation monies
    • Pension
    • Insurance monies
    • Bereavement payment
    • Student loan
    • CICA payment 

You may have capital which does not fall in the above list, this will most commonly be cash held in a bank account or savings accounts for personal use. The tables below are used to indicate the level of fee required to be paid by the party making the application.

Aged 60 or under

Fee Required              Disposable Capital

Up to £1000                               £3000

£1001 – £1335                          £4000

£1336  – £1665                         £5000

£1666 – £2000                          £6000

£2001 – £2330                          £7000

£2331 – £4000                          £8000

£4001 – £5000                         £10,000

£5001 – £6000                         £12,000

£6001 – £7000                         £14,000

£7001 or over                          £16,000

Aged 61 or over:

Fee Required                      Disposable capital

Any amount                      Less than £16,000

If you satisfy the above test you move onto the stage 2 below.

Example:

Mr Smith is required to pay a Court fee of £400. He owns a property valued at £250,000 and a bank account with a balance of £1,000. Mr Smith’s disposable capital consists only of the bank account monies. As the fee is less than £1,000 and his disposable capital is below the sum of £3,000, he will satisfy this test.

If however Mr Smith had £8,000 in his bank account, his disposable capital would be above the £3,000 limit for a fee of £400 and he would therefore not satisfy the test.

Mr Smith would then have to pay the fee in full, with no exemptions/discounts available.

2.   The Gross Monthly Income Test

  • You MUST ensure you satisfy the Disposable Income Test before proceeding to the following.
  • Your Gross Monthly Income is the collective income for both you and your partner.
  • Within this test there are various levels of remission available where you may be able to have a full exemption from the fee or a discount.

Remission 1 (full)

You will be entitled to a FULL remission if you receive one of the following benefits:

  • Income based Jobseekers Allowance
  • Income related Employment & Support Allowance
  • Income Support
  • Pension Credit Guarantee Credit
  • Universal Credit with earnings less than £6,000 (gross annual)
  • Scottish Civil Legal Aid (employment tribunals only)

Remission 2 (full)

If you are not in receipt of one of the above you may apply for a remission based on your gross monthly income which is based on all incoming monies comprising of benefits, tax credits and income from a wage.

Gross Monthly Income With:

Single Person

Couple

No children

£1,085 (threshold)

£5,085 (cap)

£1,245 (threshold)

£5,245 (cap)

1 child

£1,330 (threshold)

£5,330 (cap)

£1,490 (threshold)

£5,490 (cap)

2 children

£1,575 (threshold)

£5,575 (cap)

£1,735 (threshold)

£5,735 (cap)

Add £245 for each additional child

 Remission 2 (part)

If you are not eligible for a full remission as above, you may still be eligible for a part remission.

For every £10 you have over the thresholds as set out above, you will be required to pay £5 towards your court of tribunal fee (up to the value of the fee).

However, if your gross monthly income is over the cap as set out above, you will not be eligible for a fee remission.

Making the application

In order to apply for a fee remission, whether in full or in part, you must complete an application form (see below) and ensure that you have all the necessary supporting documents. You can either bring this to the Court or Tribunal, or send the application in the post.

There are a number of forums available offering further guidance and the links to the forms you will need to complete.

For guidance and the application form for fees paid/due after 7 October 2013:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4396

For guidance and forms for fees paid prior to 6 October 2013:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=2836

Contact a Court of Protection solicitor

If you have any questions in relation to making applications to the Court of Protection, please do not hesitate to contact Caroline Featherby or a member of our Court of Protection team.

Further Reading

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