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Courts & tribunals · UK guide · 2026

Can't afford the court fee? The state can pay it.

Last verified 11 Jun 2026 · Source GOV.UK / HMCTS EX160A guidance (published 19 Jan 2026, read directly) · Publisher CA Capital Limited (company no. 10848369)

Divorce, money claims, tribunal appeals, probate, evictions — most court and tribunal fees in England and Wales can be waived or reduced under the Help with Fees scheme (online, or paper form EX160). It's free, it's based on two simple tests — savings and income — and if you paid a fee in the last 3 months while eligible, you can claim it back.

£4,250Savings limit for most fees (up to £1,420)
£1,420/moIncome limit, single (gross, + child add-ons)
3 monthsRefund window if you already paid
£0Cost to apply — never pay anyone to do it
Check the two tests → Need help with legal costs too? Legal aid

The two tests, in plain English

Test 1 — savings (yours + your partner's, called "disposable capital"):

Your court or tribunal feeYour savings must be under
Up to £1,420£4,250
£1,421 – £5,0003× 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:

HouseholdFull fee paid if income underPart 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 automaticallyIncome-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 incomePIP, 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

  1. Apply at the same time as your court or tribunal application — one Help with Fees application per fee.
  2. 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.
  3. 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).
  4. 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 refundIf 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 & exceptionsEngland & 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.
Source verification Primary source: GOV.UK / HMCTS "How to apply for help with fees: EX160A" (published 19 Jan 2026) · gov.uk/get-help-with-court-fees. Last verified 11 June 2026 — figures read directly from the live EX160A guidance. Confidence: High. Key facts: savings £4,250 / 3×fee / £16,000 (66+ flat £16,000) · income £1,420 single / £2,130 couple + £425/£710 child add-ons · partial to £4,420/£5,130 · 3-month refund · UC <£6,000/yr qualifies. Scope: England & Wales (Scotland + NI separate schemes).

Help with Fees — common questions

Can I get my court fee paid for me?

Yes — pass the savings test (under £4,250 for most fees; £16,000 flat if you or your partner are 66+) and the income test (under £1,420/mo single or £2,130/mo couple gross, plus child additions), or be on a qualifying benefit, and the fee is waived in full.

Which benefits qualify automatically?

Income-based JSA, income-related ESA, Income Support, Pension Credit guarantee credit, or UC earning under £6,000 a year — with savings under the limit. HMCTS verifies with the DWP itself.

I already paid — can I get it back?

Yes, if you paid within the last 3 months and were eligible at the time. Apply using your finances as they were at payment.

I earn a bit too much — anything?

Partial remission runs up to £4,420/mo single and £5,130/mo couple (plus child additions) — the EX160C calculator shows your contribution. Beyond that, the exceptional-hardship route can still reduce or waive the fee with evidence.

Does PIP or Housing Benefit count against me?

No — PIP, DLA, Attendance Allowance, Carer's Allowance, Housing Benefit and the UC disability/housing/carer elements are all excluded from the income calculation.

Sources: All thresholds, qualifying benefits, refund window, appeal route, exceptional-hardship power and emergency cases · GOV.UK / HMCTS EX160A guidance (published 19 Jan 2026, read directly 11 Jun 2026) + the online application + form EX160. Free support · Support Through Court 03000 810 006 · We Are Group 03300 160 051 (digital help) · Citizens Advice. SortedUK is not HMCTS and this is general information, not legal advice. Last reviewed: 11 June 2026.

Never pay a fee you didn't have to.

Two tests, twenty minutes, £0 to apply — and a 3-month window to claim back fees you've already paid. Fee help is one of dozens of quiet UK money routes — check them all in minutes.

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