Regulation 5 Liability to pay fee and waiver of fees

(1)

The appellant or applicant is liable to pay any fee payable under regulation 3.

(2)

No fee is payable under regulation 3 where, on the date that the appeal or application is made, the appellant or applicant (as the case may be) or the partner of the appellant or applicant is in receipt of–

(a)

either of the following benefits under Part 7 of the Social Security Contributions and Benefits Act 1992^f1–

(i)

income support; or

(ii)

housing benefit;

(b)

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

(c)

a working tax credit under Part 1 of the Tax Credits Act 2002^f3to which paragraph (3) applies;

(d)

a guarantee credit under the State Pensions Credit Act 2002^f4.

(3)

This paragraph applies where–

(a)

either–

(i)

there is a disability element or severe disability element (or both)^f5to the tax credit received by the person or the person’s partner; or

(ii)

the person or the person’s partner is also in receipt of child tax credit ^f6; and

(b)

the gross annual income taken into account for the calculation of the working tax credit is £14, 213 or less.

(4)

In this regulation “partner” (“partner”), in relation to a person, means–

(a)

where the person is a member of a couple, the other member of that couple; or

(b)

where the person is polygamously married to two or more members of that person’s household, any such member.

(5)

In paragraph (4), “couple” (“cwpwl”) means–

(a)

a man and woman who are married to each other and are members of the same household;

(b)

a man and woman who are not married to each other but are living together as husband and wife;

(c)

two people of the same sex who are civil partners of each other and are members of the same household; or

(d)

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Annotations

Footnotes

f1: 1992 c. 4; amended by the Tax Credits Act 2002 (c. 21), sections 60 and Schedule 6. There are other amendments not relevant to these Regulations.
f2: 1995 c. 18; amended by the Welfare Reform and Pensioners Act 1999 (c. 30), sections 59 and 88 and Schedules 7 and 13.
f3: 2002 c. 21.
f4: 2002 c. 16.
f5: See section 11(3), (4) and (6) of the Tax Credits Act 2002.
f6: See section 8 of the Tax Credits Act 2002.