# The Civil Proceedings Fees Order 2004, Article 4: Exemptions, reductions, remissions and refunds


(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable—
(a) is in receipt of any qualifying benefit, and
(b) is not in receipt of, as appropriate, either—
(i) representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings; or
(ii) 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.
(2) The following are qualifying benefits for the purposes of paragraph (1)(a) above—
(a) income support under the Social Security Contributions and Benefits Act 1992;
(b) 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 married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002 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 £14,600 or less;
(c) income-based jobseeker’s allowance under the Jobseekers Act 1995; and
(d) guarantee credit under the State Pension Credit Act 2002.
(3) 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).

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Source: https://www.legislation.gov.uk/uksi/2004/3121/article/4 (the official version)
Page: https://openlegislation.uk/civil-proceedings-fees-order-2004/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

