The Civil Proceedings Fees Order 2008, Paragraph 11 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
11.—(1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.
(2) The applicable threshold is—
(a)£1,420, for a party that is single and has no children;
(b)£2,130, for a party that is part of a couple and has no children; or
(c)as otherwise calculated in accordance with sub-paragraph (3).
(3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—
Step 1Identify the number of children aged 13 or below and multiply this number by £425.
Step 2Identify the number of children aged 14 or over and multiply this number by £710.
Step 3Add together the amounts calculated at Step 1 and Step 2.
Step 4Add £1,420 to the amount calculated at Step 3.
The result is the applicable threshold for a party that is single and has children.
Step 5If a party is part of a couple, take this additional step.
Add £710 to the amount calculated at Step 4.
The result is the applicable threshold for a party that is part of a couple and has children.
(4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).
(5) Where this sub-paragraph applies, the amount payable is determined as follows—
Step 1Deduct the applicable threshold from the party’s gross monthly income.
The amount calculated is the “excess income”.
Step 2Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.
Step 3Add together the amounts calculated at Step 2 (if there are two or more such amounts).
Subject to sub-paragraph (6), the result is the amount payable.
| Part of excess income | Rate |
|---|---|
| Up to and including £1,000 | 50% |
| £1,001 to £2,000 | 70% |
| £2,001 to £3,000 | 90% |
(6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.]
Textual Amendments
F1Sch. 2 para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(i) (with art. 6)
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