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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Non-Contentious Probate Fees (Amendment) Order 2007 No. 2174 (L. 14) URL: http://www.bailii.org/uk/legis/num_reg/2007/20072174.html

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" Remission of fees
     4. Schedule 1A applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

     5. The Lord Chancellor may, on the ground of financial hardship or for other reasonable cause, remit in whole or in part any fee prescribed by this Order.".

     4. After Schedule 1 of the 2004 Order, insert the Schedule in the Schedule to this Order.


Jack Straw
Lord Chancellor

24th July 2007



We consent,


Frank Roy

Alan Campbell
Two of the Lords Commissioners of Her Majesty's Treasury

24th July 2007

" SCHEDULE 1AArticle 4


Remission of fees

Interpretation
     1. —(1) In this Schedule—


"child care costs" and "the Independent Living Funds" have the meaning given to them in the Criminal Defence Service (Financial Eligibility) Regulations 2006[3];
"child" means a child of the party, living in his household, under the age of 18;
"couple" has the meaning given in section 3(5A) of the Tax Credits Act 2002[4];
"disposable monthly income" has the meaning given in paragraph 3;
"excluded benefits" means —
(a) any of the following benefits payable under the Social Security Contributions and Benefits Act 1992[5]—


(i) attendance allowance paid under section 64;

(ii) severe disablement allowance;

(iii) carer's allowance;

(iv) disability living allowance;

(v) constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;

(vi) council tax benefit;

(vii) any payment made out of the social fund;

(viii) housing benefit;



(b) any direct payments made under the Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2003[6] or the Community Care, Services for Carers and Children's Services (Direct Payments) (Wales) Regulations 2004[7];

(c) a back to work bonus payable under section 626 of the Jobseekers Act 1995[8];

(d) any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983[9];

(e) any pensions paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pension Order 2006[10];

(f) any payments made from the Independent Living Funds; and

(g) any financial support paid under an agreement for the care of a foster child;



"gross monthly income" means total monthly income, for the month in which the application for remission or part remission is made, from all sources other than receipt of any of the excluded benefits;
"partner" means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom he is not living separate and apart;
"party" means the party who would, but for this Schedule, be liable to pay the fee required under this Order.

Remission or part remission of fees
     2. —(1) No fee shall be payable under this Order by a party if, at the time when the fee would otherwise be payable, his disposable monthly income is £50 or less.

    (2) The maximum amount of fee payable by a party is—



(a) if his disposable monthly income is more than £50 but does not exceed £210, an amount equal to one-quarter of every £10 of his disposable monthly income up to a maximum of £50; and

(b) if his disposable monthly income is more than £210, an amount equal to £50 plus one-half of every £10 over £200 of his disposable monthly income.



    (3) Where the fee that would otherwise be payable under this Order is greater than the maximum fee which a party is required to pay as calculated in sub-paragraph (2), the fee shall be remitted to the amount payable under that sub-paragraph .

Disposable monthly income
     3. —(1) A party's disposable monthly income is his gross monthly income for the month in which the fee becomes payable ("the period") less the deductions referred to in sub-paragraphs (2) and (3).

    (2) There are to be deducted from the gross monthly income —



(a) income tax paid or payable in respect of the period;

(b) any contributions estimated to have been paid under Part I of the Social Security Contributions and Benefits Act 1992;

(c) either—


(i) monthly rent or monthly payment in respect of a mortgage debt or hereditable security, payable by him in respect of his only or main dwelling, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992; or

(ii) the monthly cost of his living accommodation.



(d) any child care costs paid or payable in respect of the period;

(e) if the party is making bona fide payments for the maintenance of a child who is not a member of his household, the amount of such payments paid or payable in respect of the period;

(f) any amount paid or payable, in respect of the period, in pursuance of a court order.



    (3) There shall be deducted from the gross monthly income an amount representing the cost of living expenses in respect of the period being—



(a) £279; plus

(b) £198 for each child of the party; plus

(c) £142, if the party has a partner.



Resources of partners
     4. —(1) For the purpose of determining whether a party is entitled to the remission or part remission of a fee in accordance with this Schedule, the income of his partner, if any, is to be included as income of the party.

    (2) The receipt by a partner of a qualifying benefit does not entitle a party to remission of a fee.

Application for remission of fees
     5. —(1) An application for remission or part remission of a fee shall be made to the court officer at the time when the fee would otherwise be payable.

    (2) The applicant must provide documentary evidence of—



(a) such of his gross monthly income as he derives from—


(i) employment;

(ii) rental or other income received from persons living with him by reason of their residence in his home;

(iii) a pension; or

(iv) a state benefit, not being an excluded benefit;



(b) any expenditure being deducted from his gross monthly income in accordance with paragraph 3(2)."

[2] S.I. 2004/3120. Further provisions about the remission of fees are made by S.I.2005/266 and 2005/3359.back

[3] S.I. 2006/2492; there are no relevant amendments.back

[4] 2002 c.21. Section 5A was inserted by paragraph 144 of Schedule 24 to the Civil Partnership Act 2004 (c.33).back

[5] 1992 c.4.back

[6] S.I. 2003/762.back

[7] S.I. 2004/1748.back

[8] 1995 c18.back

[9] S.I. 1983/686.back

[10] S.I. 2006/606.back

 © Crown copyright 2007