The Justice of the Peace Court Fees (Scotland) Order 2012

Exemption of certain persons from fees

3.—(1) A fee regulated by this Order is not payable by a person if—

(a) the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992(1);

(b) the person is in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)(2);

(c) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002(3);

(d) the person or the person’s partner is in receipt of working tax credit, provided that—

(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002(4)) which includes the party; or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £16,642 or less; or

(e) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(5).

(2) In this article “partner” means a person to whom a person is married or with whom the person is registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004(6).

(1)

1992 c.4. Section 124, which provides for income support, was amended by the Jobseekers Act 1995 (c.18), section 41 and Schedules 2 and 3 and by the Welfare Reform and Pensions Act 1999 (c.30), section 70 and Schedule 8, Part IV, paragraph 28.

(2)

1995 c.18.

(3)

2002 c.16.

(4)

2002 c.21. Section 3(5A) was substituted for section 3(5) to (6) by the Civil Partnership Act 2004 (c.33), Schedule 24, paragraph 144(3).

(5)

2007 c.5.

(6)

2004 c.33.