{
  "url": "https://openlegislation.uk/non-contentious-probate-fees-order-2004/schedule/paragraph-13",
  "json_url": "https://openlegislation.uk/non-contentious-probate-fees-order-2004/schedule/paragraph-13.json",
  "legislation": "uksi/2004/3120",
  "legislation_title": "The Non-Contentious Probate Fees Order 2004",
  "legislation_url": "https://openlegislation.uk/non-contentious-probate-fees-order-2004",
  "path": "schedule/paragraph/13",
  "kind": "paragraph",
  "number": "13",
  "heading": "Gross monthly income",
  "text": "(1) Subject to paragraph 14, “gross monthly income” means the total sum of—\n(a) the lower of—\n(i) the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or\n(ii) the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and\n(b) the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.\n(2) 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—\n(a) the party’s net profits for the month preceding that in which the application for remission is made; or\n(b) the average of the party’s net profits for the three months preceding that in which the application for remission is made.\n(3) In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1A para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(13) (with art. 6)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/3120/schedule/paragraph/13",
    "retrieved_at": "2026-10-29T05:14:58.212228+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."
}