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Fee for bringing an appeal
     2. Subject to regulations 3 and 4, the fee in relation to an appeal listed in column 1 of the Table is the amount set out opposite it in column 2 of the Table.

Exemptions, reductions, waivers and refunds
     3. —(1) No fee is payable under these Regulations by an appellant who, at the time that the fee would otherwise become payable, is in receipt of any qualifying benefit.

    (2) The following are qualifying benefits for the purpose of paragraph (1)—

(a) income support under the Social Security Contributions and Benefits Act 1992[2];

(b) working tax credit under the Tax Credits Act 2002[3], provided that—


(i) child tax credit is being paid to the appellant, or otherwise following a claim made jointly by the appellant and another person as a couple under section 3(3) of that Act[4]; or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the appellant,

and the gross annual income taken into account for the calculation of the working tax credit is £15,460 or less;

(c) income-based jobseeker's allowance under the Jobseekers Act 1995[5];

(d) guarantee credit under the State Pension Credit Act 2002[6].

     4. Where the payment of any fee prescribed by these Regulations would, owing to the exceptional circumstances of the particular case, involve undue financial hardship to the appellant, the Tribunal may reduce or waive the fee.

     5. —(1) Subject to paragraph (2), where a fee has been paid at a time—

(a) when, under regulation 3, it was not payable, the fee shall be refunded;

(b) when the Tribunal, if it had been aware of all the circumstances, would have reduced the fee under regulation 4, the amount by which the fee would have been reduced shall be refunded; and

(c) when the Tribunal, if it had been aware of all the circumstances, would have waived the fee under regulation 4, the fee shall be refunded.

    (2) No refund shall be made under paragraph (1) unless the appellant applies to the Tribunal in writing within 6 months of paying the fee.

    (3) The Tribunal may extend the period of 6 months referred to in paragraph (2) if it considers that there is good reason for an application being made after the end of the period of 6 months.



On the authority of the Lord Chancellor


Cathy Ashton
Parliamentary Under Secretary of State Department

8th December 2006

[2] 1992 c.4.back

[3] 2002 c.19back

[4] Section 3 is amended by the Civil Partnership Act 2004 (c. 33) Schedule 24, Part 14.back

[5] 1995 c.18.back

[6] 2002 c.16.back

 © Crown copyright 2006