OpenLegislation

Article 5 Reduction and waiver of fees

Original text. Later amendments are not shown.

(1)

A person shall not be liable to pay a fee for an application to a tribunal under article 2 or on the transfer of proceedings from a court to a tribunal under article 3 where at the time, as the case may be, of the application or the order for the transfer, he or his partner is in receipt of—

(a)

any of the following benefits under Part VII of the Social Security Contributions and Benefits Act 1992f1—

(i)

family credit,

(ii)

income support,

(iii)

disability working allowance,

(iv)

housing benefit,

(b)

an income-based jobseeker’s allowance within the meaning of section 1 of the Jobseekers Act 1995f2, or

(c)

a civil legal aid certificate—

(i)

which has been issued in accordance with the Civil Legal Aid (General) Regulations 1989f3 and which has not been revoked or discharged, and

(ii)

which is in respect of those proceedings the whole or part of which have been transferred from the county court for determination by a tribunal.

(2)

A person shall not be liable to pay the hearing fee referred to in article 4 if—

(a)

at the time of the application to the tribunal or on the date of the order to transfer proceedings from a court to a tribunal, or

(b)

at the time when payment of the hearing fee is requested,

he or his partner is in receipt of a benefit, an allowance or a legal aid certificate specified in paragraph (1).

(3)

For the purposes of this article “partner” in relation to a person, means that person’s spouse or a person other than a spouse with whom he or she lives as husband or wife.

Annotations

Footnotes

f1

1992 c. 4.

f2

1995 c. 18.

f3

S.I. 1989/339; amended by S.I. 1991/2036, S.I. 1994/228, S.I. 1994/1822 and S.I. 1996/649.