The Family Proceedings Fees Order 2008

This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

In this Order—

in any proceedings relating to protection measures under EU Regulation 606/2013 if the person who would otherwise be liable to pay the fee is the protected person;

in proceedings for—

under Part 4 or 4A of the Family Law Act 1996; F2...

in proceedings for a female genital mutilation protection order under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003; F4...

in proceedings issued by the person who commenced proceedings referred to F5in sub-paragraphs (b) or (bb), where that person F6makes any application in respect of an order made in those proceedings, except an application to appeal such an order F7; or

in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals).

In proceedings under the Guardianship (Missing Persons) Act 2017—

are not payable by the Public Guardian.

For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.

In this Schedule—

• “child” means a person—

  1. (a)

     whose main residence is with a party and who is aged—

     1. (i)

        under 16 years; or

     2. (ii)

        16 to 19 years; and is—

        1. (aa)

           not married or in a civil partnership; and

        2. (bb)

           enrolled or accepted in full-time education that is not advanced education, or approved training; or

  2. (b)

     in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

  and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006;

• “child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991;

• “couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002;

• “disposable capital” has the meaning given in paragraph 5;

• F2“excluded benefits” means any of the following—

  1. (a)

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

     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)

        F3...

  2. (b)

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

     1. (i)

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

     2. (ii)

        any childcare element F4, disabled element or severely disabled 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 Carers and Direct Payments Act (Northern Ireland) 2002, F6... section 12B(1) of the Social Work (Scotland) Act 1968 F7... F8the Social Care (Self-directed Support) (Scotland) Act 2013 F9or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014;

  4. (d)

     F10...

  5. (e)

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

  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;

  8. (h)

     any payment made from the Independent Living Funds;

  9. (i)

     F11any payment of bereavement support payment under section 30 of the Pensions Act 2014;

  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;

  14. (n)

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

  15. (o)

      any of the following amounts, as defined by the Universal Credit Regulations 2013, 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.

• “family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “gross monthly income” has the meaning given in paragraph 13;

• “Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013;

• “legal representation” has the meaning given in paragraph 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “maintenance agreement” has the meaning given in subsection 9(1) of the Child Support Act 1991;

• “partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

• “party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

• “restraint order” means—

  1. (a)

     an order under section 42(1A) of the Senior Courts Act 1981;

  2. (b)

     an order under section 33 of the Employment Tribunals Act 1996;

  3. (c)

     a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; or

  4. (d)

     a civil restraint order under rule 4.8 of the Family Procedure Rules 2010, or the practice direction referred to in that rule.

References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted shall be construed accordingly.

up to and including £1,420 and the party’s disposable capital is less than £4,250;

£1,421 to £5,000 and the party’s disposal capital is less than three times the amount of the fee payable;

£5,001 or more and the party’s disposable capital is less than £16,000.

Subject to paragraph 14, disposable capital is the value of F3any savings and investments belonging to the party on the date on which the application for remission is made, unless it is treated as income by this Order, or it is disregarded as excluded disposable capital.

In sub-paragraph (1), reference to “savings and investments” includes, but is not limited to—

10% of the sale value; and

the amount of any borrowing secured against that resource that would be repayable on sale.

Capital resources in a country outside the United Kingdom count towards disposable capital.

If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.

If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6.

a property which is the main or only dwelling occupied by the party;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any vehicle, the sale of which would leave the party, or their partner, without motor transport;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

a jobseeker’s back to work bonus;

a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

the capital held in any personal or occupational pension scheme;

any cash value payable on surrender of a contract of insurance;

any capital payment made out of the Independent Living Funds;

F5any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment);

any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

any student loan or student grant;

any payments under the criminal injuries compensation scheme;

any payments under the Armed Forces Compensation Scheme;

any compensation paid as a result of the Grenfell Tower fire;

any payments under the Lambeth Children’s Homes Redress Scheme;

any payments from the London Emergencies Trust;

any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

any payments under the Miscarriage of Justice Compensation Scheme;

any payments from the National Emergencies Trust;

any payments under the Infected Blood Support Scheme;

any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

any payments under the Jesus Fellowship Redress Scheme;

any payment under the Vaccine Damage Payment Scheme;

any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

any payments under the We Love Manchester Emergency Fund; and

any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.

Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.

The applicable threshold is—

Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

The result is the applicable threshold for a party that is part of a couple and has children.

Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

Where this sub-paragraph applies, the amount payable is determined as follows—

No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.

If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

The following are passporting benefits—

Subject to paragraph 14, “gross monthly income” means the total sum of—

For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.

Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

An application for remission of a fee must be made at the time when the fee would otherwise be payable.

Where an application for remission of a fee is made, the party must—

Where an application for remission of a fee is made on F3... the date on which a fee is payable, the date for payment of the fee is disapplied.

Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.

Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under F2paragraph 16, the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal representation; or

Family help (higher); or

Family help (lower) in respect of applying for a consent order.

This paragraph applies where—

The fee prescribed by this Order for the application is payable in full.

If the party is granted permission, they are to be refunded the difference between—

copy or duplicate documents;

searches.