Article 9
1. In this Schedule –
“applicant” means the individual who would, but for this Schedule, be liable to pay the fee required under this Order;
“couple” means—
a man and a woman who are married to each other and are members of the same household;
a man and a woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household;
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, and
for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“partner” means—
where the person is a member of a couple, the other member of that couple; or
where the person is polygamously married to two or more members of a household, any such member.
2.—(1) No fee is payable under this Order if the applicant is granted a fee remission.
(2) An applicant is eligible for a fee remission if at the time when a fee would otherwise be payable, the applicant or their partner is in receipt of a qualifying benefit.
(3) The following are qualifying benefits for the purposes of sub-paragraph (2)—
(a)either of the following benefits under part 7 of the Social Security Contributions and Benefits Act 1992(1)—
(i)income support; or
(ii)housing benefit;
(b)an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995(2);
(c)a working tax credit under Part 1 of the Tax Credits Act 2002(3) to which sub-paragraph (4) applies;
(d)a guarantee credit under the State Pensions Credit Act 2002(4);
(e)an income-related employment and support allowance payable under Part 1 of the Welfare and Reform Act 2007(5);
(f)a certificate which has not been revoked or discharged —
(i)which has been issued under the Funding Code(6), being the code approved under section 9 of the Access to Justice Act 1999(7); or
(ii)which has been issued under the Civil Legal Aid (Procedure) Regulations 2012(8) under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(9); and
(iii)which is in respect of the proceedings before the Tribunal where an issue has been transferred from a county court for determination by the Tribunal.
(4) This sub-paragraph applies where—
(a)either
(i)there is disability element or severe disability element (or both) to the tax credit received by the person or their partner; or
(ii)the person or their partner are also in receipt of child tax credit; and
(b)the gross annual income taken into account for the calculation of the working tax credit is £16,190 or less.
3.—(1) An applicant must apply to the Lord Chancellor for a fee remission at the time when the fee would otherwise be payable.
(2) Where the Lord Chancellor refuses a fee remission, the fee must be paid within such period as may be notified in writing by the Lord Chancellor to the applicant or applicants as the case may be.
4. Where a person is not liable to pay a fee by virtue of paragraph 2, the following provisions apply—
(a)where more than one person is the applicant and at least one of those persons is liable to pay a fee, the fee shall be reduced rateably in accordance with the number of persons who would have been liable but for paragraph 2; and
(b)where more than one person is the applicant and at least one person is liable to pay a portion of a fee by virtue of article 7 or 8, such proportion shall be reduced rateably in accordance with the number of persons who would have been liable but for paragraph 2.
1992 c. 4, as amended by section 60 of and Schedule 6 to the Tax Credits Act 2002 (c. 21).
1995 c. 18 as amended by sections 59 and 88 of and Schedules 7 and 13 to the Welfare Reform and Pensions Act 1999 (c. 30).
See sections 8 and 9 of the Access to Justice Act 1999 (c. 22) for the Funding Code. See section 4 of Part 2 to the Funding Code for the certificate. The Funding Code has been repealed by section 39(1) and paragraph 51(a) of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) but certificates issued under the Code continue to have effect.