THE COURT OF PROTECTION RULES 1994

Remission, postponement and exemption

86.—(1) The Public Trustee may remit or postpone the payment of the whole or part of any fee where in his opinion hardship might otherwise be caused to the patient or his dependants or the circumstances are otherwise exceptional.

(2) The Public Trustee may remit the payment of the whole or part of any fee where the cost of calculation and collection would be disproportionate to the amount involved.

(3) No fee shall be payable pursuant to rules 80 and 83 on any income by way of non-taxable social security benefits or a war pension or war injuries (civilian) pension in respect of—

(a) service in the armed forces of the Crown to which section 2 of the War Pensions Act 1920(1) applies; or

(b) service in the armed forces of the Crown after 2nd September 1939; or

(c) service before 15th August 1945 to which the Pensions (Polish Forces) Scheme 1964(2) applies; or

(d) detention, capture, war injury or war risk injury within the meaning of any scheme (other than that mentioned in paragraph (c) above) made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(3), or under that Act as amended and applied by the Pensions (Mercantile Marine) Act 1942(4); or

(e) war service injury within the meaning of the Personal Injuries (Civilians) Scheme 1983(5) as amended in the case of a civil defence volunteer to whom that Scheme applied.

(1)

1920 c. 23.

(2)

S.I. 1964/2007.

(3)

1939 c. 83.

(4)

1942 c. 26.

(5)

S.I. 1983/686.