{
  "url": "https://openlegislation.uk/family-proceedings-fees-order-2004/article-3",
  "json_url": "https://openlegislation.uk/family-proceedings-fees-order-2004/article-3.json",
  "legislation": "uksi/2004/3114",
  "legislation_title": "The Family Proceedings Fees Order 2004",
  "legislation_url": "https://openlegislation.uk/family-proceedings-fees-order-2004",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Exemptions, reductions, remissions and refunds",
  "text": "(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable—\n(a) is in receipt of—\n(i) legal advice and assistance under Part II or Part III of the Legal Aid Act 1988 in connection with the matter to which the proceedings relate; or\n(ii) Legal Help as defined in, and provided in accordance with, the Funding Code in connection with the matter to which the proceedings relate;\n(b) is in receipt of any qualifying benefit and is not in receipt of either—\n(i) representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings; or\n(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; or\n(c) is not a beneficiary of a trust fund in court of a value of more than £50,000 and is—\n(i) under the age of eighteen; or\n(ii) a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or is being applied for.\n(2) The following are qualifying benefits for the purposes of paragraph (1)(b)—\n(a) income support under the Social Security Contributions and Benefits Act 1992;\n(b) working tax credit, provided that—\n(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\n(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;\nand that the gross annual income taken into account for the calculation of the working tax credit is £14,600 or less;\n(c) income-based jobseeker’s allowance under the Jobseekers Act 1995; and\n(d) guarantee credit under the State Pension Credit Act 2002.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1988 c. 34. Parts II, III and IV were repealed by Part I 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 2 May 2000."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1989 c. 41. Sub-paragraph (6)(b) was repealed by section 58(14) of the Child Support Act 1991 (c. 48)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1992 c. 4."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2002 c. 21."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1995 c. 18."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2002 c. 16."
    }
  ],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "uksi/2006/739",
      "affecting_title": "The Family Proceedings Fees (Amendment) Order 2006"
    },
    {
      "type": "am",
      "affecting": "uksi/2005/472",
      "affecting_title": "The Family Proceedings Fees (Amendment) Order 2005"
    },
    {
      "type": "am (10.1.2006)",
      "affecting": "uksi/2005/3443",
      "affecting_title": "The Family Proceedings Fees (Amendment No. 2) Order 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/3114/article/3",
    "retrieved_at": "2026-10-29T05:14:59.051048+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}