Article 4 Exemptions, reductions, remissions and refunds
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable—
is in receipt of any qualifying benefit, and
is not in receipt of, as appropriate, either—
representation under Part IV of the Legal Aid Act 1988f1 for the purposes of the proceedings; or
funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party.
The following are qualifying benefits for the purposes of paragraph (1)(a) above—
income support under the Social Security Contributions and Benefits Act 1992f2;
working tax credit, provided that—
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 married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002f3 which includes the party; or
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 £14,600 or less;
income-based jobseeker’s allowance under the Jobseekers Act 1995f4; and
guarantee credit under the State Pension Credit Act 2002f5.
In the county courts paragraph (1) shall not apply to fee 7.8 (fee payable on a consolidated attachment of earnings order or an administration order).
Annotations
Footnotes
- f1
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1998 c. 34, Part IV was repealed by section 106 of and Part 1 of Schedule 15 to the Access to Justice Act 1999 (c. 22), from 1 April 2000 subject to the transitional and savings provisions in article 5 of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 (S.I. 2000/774), in respect of an application for legal aid signed before 1 April 2000 and received by the Legal Aid Board by the 2 May 2000.
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