Article 4 Exemptions, reductions and remissions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art.4 amended by Family Proceedings Fees 1999 art.3
art 4 am by Family Proceedings Fees 2004 art 2
art.4 amended by Family Proceedings Fees 2000 art.4
art 4 am by Family Proceedings Fees 2003 arts 2(a), 3
art 4 rev in pt by Family Proceedings Fees 2003 arts 2(b), 3
art 4 am (6.10.2003) by Family Proceedings Fees 2003 arts 2(c), (d), 3

(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 legal advice and assistance under Part III of the Legal Aid Act 1988^f1 in connection with the matter to which the proceedings relate, or

(b)

is in receipt of any qualifying benefit and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or

(c)

is not a beneficiary of a trust fund in court of a value of more than £50,000 and is–

(i)

under the age of eighteen, or

(ii)

a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989^f2 is in force or is being applied for.

(2)

The following are qualifying benefits for the purposes of paragraph (1)(b) above–

(a)

income support;

(b)

family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992^f3; and

(c)

income-based jobseeker’s allowance under the Jobseekers Act 1995^f4.

Annotations

Footnotes

f1: 1988 c. 34.
f2: 1989 c. 41. Paragraph 2(6)(b) of Schedule 1 to the Children Act 1989 was repealed by section 58(14) of the Child Support Act 1991 (c. 48).
f3: 1992 c. 4.
f4: 1995 c. 18.