Consultation on fee remissions for the courts and tribunals

The Government has published a consultation paper on fee remissions for the courts and tribunals,

The Government has published a consultation paper on fee remissions for the courts and tribunals, following the decision to implement a two-stage fee charging structure, requiring claimants to present an “issue fee” when they submit their claim or appeal, followed by a “hearing fee” prior to a hearing. The consultation paper sets out proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services. The Government has proposed a new system based on two distinct tests, both of which the applicant will have to pass to be eligible for a fee remission:

• Disposable capital test: this would determine whether an applicant is eligible for a remission, or waiver, based on an assessment of their household disposable capital, including savings and investments.
• Income test: if the applicant passes the disposable capital test, the next test would be to consider whether, based on their income, they should receive a full fee waiver, make a contribution to their fee, or pay the full fee.

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