The two tests, in plain English
Test 1 — savings (yours + your partner’s, called “disposable capital”):
| Your court or tribunal fee | Your savings must be under |
|---|
| Up to £1,420 | £4,250 |
| £1,421 – £5,000 | 3× the fee |
| £5,001 or more | £16,000 |
- You or your partner aged 66+? One flat rule: savings under £16,000, whatever the fee.
- Savings include ISAs, matured Child Trust Funds, bonds, shares and crypto, redundancy lump sums, second-home equity. They exclude personal pensions, student loans, your business’s value, and most compensation payments (personal injury, medical negligence, Windrush, infected blood and others).
Test 2 — income (gross monthly, before tax). Full remission — the whole fee paid — if you’re under:
| Household | Full fee paid if income under | Part of fee paid if income under |
|---|
| Single | £1,420 + £425/child (13 or under) + £710/child (14+) | £4,420 + the same child additions |
| Couple | £2,130 + £425/child (13 or under) + £710/child (14+) | £5,130 + the same child additions |
On a qualifying benefit? You pass the income test automatically
Income-based JSA, income-related ESA, Income Support,
Pension Credit guarantee credit, or
Universal Credit while earning under £6,000 a year — with savings under the limit, the fee is paid in full. HMCTS checks with the DWP itself; since November 2025 you don’t need to post benefit evidence.
What doesn’t count as income
PIP, DLA, Attendance Allowance, Carer’s Allowance, Housing Benefit, Bereavement Support Payment, the UC housing/carer/disability elements and more are excluded — disability and housing money never pushes you over the line.
How to apply — free, ~20 minutes
- Apply at the same time as your court or tribunal application — one Help with Fees application per fee.
- Online at GOV.UK (“Get help paying court and tribunal fees”) — you get a reference like HWF-XXX-XXX to give the court within 28 days. Or on paper form EX160, sent to the court handling your case within 28 days of signing.
- Court staff tell you if the fee is fully covered, partly covered (the EX160C calculator on GOV.UK estimates your contribution — don’t send money until asked), or if they need income evidence (you’ll have 28 days to send it).
- Not confident online? We Are Group gives free help using the form: 03300 160 051, or text FORM to 60777.
Already paid? The 3-month refund
If you paid a fee in the last 3 months and were eligible at the time, apply for the money back — using your savings and income as they were when you paid, not today’s.
Refused? Two more doors.
- Appeal — write to the court by the date in the refusal letter explaining why, with evidence. Response within 10 working days; if refused again, you can go to the court’s senior manager within 14 days for a final decision.
- Exceptional hardship — even if you fail the tests, the senior manager can reduce or waive the fee where you genuinely can’t afford it. Send evidence: bills or housing letters threatening action, your income and outgoings, anything relevant. This safety net exists precisely for the cases the thresholds miss.
- Emergencies — suspending an eviction, domestic violence, injunctions, cases involving children: the senior manager can decide faster than the usual 5 working days. Say it’s urgent.
Do this now
Facing a court or tribunal fee? Run the two tests above before paying a penny — and if you’re under the lines, apply online and give the court your HWF reference.
Paid a fee in the last 3 months while on UC, Pension Credit or a low income? Claim the refund — most people never do.
Scope & exceptions
England & Wales (Scotland and NI run their own fee-exemption schemes). Court of Protection fees use form COP44A instead. Copy-document fees and third-party costs (like transcripts) aren’t covered — but transcript help exists separately via form EX105.