The Civil Proceedings Fees Order 2008

[F1 Excluded disposable capital E+W

10.   The following things are excluded disposable capital—

(a) a property which is the main or only dwelling occupied by the party;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any vehicle, the sale of which would leave the party, or their partner, without motor transport;

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(g) the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(h) a jobseeker’s back to work bonus;

(i) a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(j) any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(k) the capital held in any personal or occupational pension scheme;

(l) any cash value payable on surrender of a contract of insurance;

(m) any capital payment made out of the Independent Living Funds;

[F5 (n) any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment);]

(o) any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(p) any student loan or student grant;

(q) any payments under the criminal injuries compensation scheme.]

[F6 (r) any payments under the Armed Forces Compensation Scheme;

(s) any compensation paid as a result of the Grenfell Tower fire;

(t) any payments under the Lambeth Children’s Homes Redress Scheme;

(u) any payments from the London Emergencies Trust;

(v) any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

(w) any payments under the Miscarriage of Justice Compensation Scheme;

(x) any payments from the National Emergencies Trust;

(y) any payments under the Infected Blood Support Scheme;

(z) any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(za) any payments under the Jesus Fellowship Redress Scheme;

(zb) any payment under the Vaccine Damage Payment Scheme;

(zc) any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(zd) any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

(ze) any payments under the We Love Manchester Emergency Fund; and

(zf) any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.]

Textual Amendments

F1 Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 6(4), Sch. (with art. 13)

F2 Sch. 2 para. 10(b) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

F3 Sch. 2 para. 10(c) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

F4 Sch. 2 para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(i) (with art. 6)

F5 Sch. 2 para. 10(n) substituted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 33(b)

F6 Sch. 2 paras. 10(r)-(zf) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(h)(ii) (with art. 6)