The Supreme Court Fees Order 2024

Gross monthly income test

10.—(1) 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—

(a) the party’s gross monthly income does not exceed the applicable threshold specified in sub-paragraph (2); or

(b) the party is in receipt of any passporting benefits specified in sub-paragraph (7).

(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 calculated by taking the following steps—

• Step 1

  Identify the number of children aged 13 or below and multiply this number by £425.

• Step 2

  Identify the number of children aged 14 or over and multiply this number by £710.

• Step 3

  Add together the amounts calculated at Step 1 and Step 2.

• Step 4

  Add £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 5

  If 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 1

  Deduct the applicable threshold from the party’s gross monthly income.

  The amount calculated is the “excess income”.

• Step 2

  Apply 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 3

  Add 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.

  Table

  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.

(7) The passporting benefits referred to in sub-paragraph (1)(b) are—

(a) income-based Jobseeker’s Allowance;

(b) income-related Employment and Support Allowance;

(c) income support;

(d) pension credit (Guarantee Credit); and

(e) universal credit with additional gross annual earnings of less than £6,000.