Article 2 Amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013I1

The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013^f1 is amended as follows

In article 12 (fee group – failure to pay fee) for “struck out” substitute “dismissed”.

For Table 2 (type A claims) in Schedule 2 (employment tribunals - issue and hearing fee) substitute the table in the Schedule to this Order.

In paragraph 1(1) of Schedule 3 (remissions and part remissions) for the definition of “excluded benefits” substitute—

• ““excluded benefits” means any of the following—

  1. (a)

     any of the following benefits payable under the Social Security Contributions and Benefits Act 1992^f2 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f3—

     1. (i)

        attendance allowance under section 64;

     2. (ii)

        severe disablement allowance;

     3. (iii)

        carer’s allowance;

     4. (iv)

        disability living allowance;

     5. (v)

        constant attendance allowance under section 104 as an increase to a disablement pension;

     6. (vi)

        any payment made out of the social fund;

     7. (vii)

        housing benefit;

     8. (viii)

        widowed parents allowance;

  2. (b)

     any of the following benefit payable under the Tax Credits Act 2002^f4—

     1. (i)

        any disabled child element or severely disabled child element of the child tax credit;

     2. (ii)

        any childcare element of the working tax credit;

  3. (c)

     any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009^f5, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011^f6, the Carers and Direct Payments Act (Northern Ireland) 2002^f7, or section 12B(1) of the Social Work (Scotland) Act 1968^f8;

  4. (d)

     a back to work bonus payable under section 26 of the Jobseekers Act 1995^f9, or article 28 of the Jobseekers (Northern Ireland) Order 1995^f10;

  5. (e)

     any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983^f11;

  6. (f)

     any payments from the Industrial Injuries Disablement Benefit;

  7. (g)

     any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006^f12;

  8. (h)

     any payment made from the Independent Living Funds;

  9. (i)

     any payment made from the Bereavement Allowance;

  10. (j)

      any financial support paid under an agreement for the care of a foster child;

  11. (k)

      any housing credit element of pension credit;

  12. (l)

      any armed forces independence payment;

  13. (m)

      any personal independence payment payable under the Welfare Reform Act 2012^f13;

  14. (n)

      any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013^f14;

  15. (o)

      any of the following amounts, as defined by the Universal Credit Regulations 2013^f15, that make up an award of universal credit—

      1. (i)

         an additional amount to the child element in respect of a disabled child;

      2. (ii)

         a housing costs element;

      3. (iii)

         a childcare costs element;

      4. (iv)

         a carer element;

      5. (v)

         a limited capability for work or limited capacity for work and work -related activity element.”.