If you need to make an application to a court or tribunal you may have to pay a fee.

If you can’t afford court or tribunal fees, you may be able to get help with court fees through the government scheme. You can check whether you are eligible using the help with court fees calculator, or using the information in this guide.

You may need to make a court application related to a case where you are being asked to pay money for a debt, but it could also apply to other types of cases such as asking the court to suspend an eviction order for rent or mortgage arrears.

For example, if a creditor gets a county court judgment (CCJ) against you in the County Court, you may want to ask the court for help. You may need to ask the court to:

• let you pay by instalments, or reduce the instalments you have been asked to pay;
• stop enforcement action, for example suspend a bailiff’s warrant; or
• set aside a judgment that shouldn’t have been made.

The court fees you can be asked to pay vary, depending on what you are asking the court to do. We have other guides that explain about which court forms to use. This guide tells you whether you can get help with the cost of court or tribunal fees. These rules apply in the County Court, the High Court and also tribunals. If your case involves court costs, you can use the help with court fees form (EX160) or apply online to reduce or remove your fee.

This guide explains:

• how to get help with court fees;
• the eligibility rules; and
• how court help with fees works for different cases.

Support Through Court

Support Through Court is an independent charity which offers free support and guidance before, during, and after court. They are not able to provide legal advice or act on your behalf, but can offer practical and emotional support if you are facing court without a lawyer.

They can also assist you with the application process if you’re applying for help with family court fees, including help with court fees for divorce, child custody, or child arrangement orders.

You can call their National Helpline Service on 03000 810 006, or look to see where their closest local office is to you. You can request a face-to-face, video or telephone appointment.

Will I have to pay a fee?

When you apply for help to pay a court fee, the court will use two tests to decide your application. These are the ‘disposable capital test’ and the ‘gross monthly income test’.

Disposable capital test

The court will look at how much disposable capital you have. You can check this using the help with court fees calculator or refer to www.gov.uk for details.

Disposable capital includes savings, stocks and shares, redundancy payments and the ‘value’ in second homes. ‘Value’ means the money you would have left if you sold the second home after any mortgages, secured loans and an allowance for sale expenses have been taken off. The value in your own home will not be counted.

If you are aged under 66 :
For court fees of £1,420 or less, if you have less than £4,250 disposable capital, you will pass the disposable capital test. For court fees of more than £1,420, the rules about disposable capital are different. Contact us for advice.

If you are aged 66 or over :

• If you have less than £16,000 disposable capital, you will pass the disposable capital test.
• If you do not pass the disposable capital test, you will have to pay the court fee in full.

Gross monthly income test

If you pass the disposable capital test, the court will look at your monthly income before any deductions. The court will then decide how much of the court fee you should pay.

• If you receive certain benefits, you will not have to pay anything towards the fee.
• If you do not receive benefits but are on a low income, you may not have to pay the fee. Alternatively, you may only have to pay part of it.

Under the gross monthly income test, you have to provide proof of your income. This can include bank statements, wage slips and letters confirming that you get certain benefits.

Can I appeal?

If your court help with fees application is refused, you can appeal in writing by the date stated in your refusal letter. This will usually be 14 days from when you receive the letter.

Check online

Apply for help atwww.gov.uk/help-with-court-fees. Complete the help with court fees form (EX160) or apply online through the government portal.

The Help with Fees service can contact the Department for Work and Pensions directly to confirm if you are getting a suitable qualifying benefit. You will be given a reference number, and may need to add this to court forms whilst you are waiting for a decision.

You may still be asked to supply paperwork; for example, bank statements or payslips, so make sure you keep this information safe.

The Help with Fees service will contact you to let you know if your application has been successful or not.

Breathing Space

If you need time to get debt advice and find a debt solution, you may want to consider applying for breathing space. Breathing space will stop most types of enforcement, and also stop most creditors applying interest and charges, for 60 days .

To find out more, see our Breathing space guide.

Common questions about help with court fees

Who can get help with court fees?

You can apply for money off a court or tribunal fee if you meet the help with fees eligibility rules based on savings, benefits and income. Eligibility depends on how much you have in savings, whether you get certain benefits, and your income level. You can check eligibility using the help with court fees calculator or refer to the details on www.gov.uk.

Can you get help with court fees if you are receiving benefits?

Yes, help with fees is available if you receive certain benefits and meet the savings limit.

You can get money off your fee if you claim one of the following benefits:

• income-based Jobseeker’s Allowance (JSA)
• income-related Employment and Support Allowance (ESA)
• Income Support
• Universal Credit (and you earn less than £6,000 a year)
• Pension Credit (Guarantee Credit)

You must also have less than the maximum amount of money in savings. This is usually up to £4,250.

Who is responsible for court fees?

Usually, the person making the application to the court must pay the fee when they file the claim or application, unless they are eligible for Help with Fees. If the court makes an order about costs or fees at the end of the case, responsibility can shift based on what the judge orders.

What do court fees pay for?

Court and tribunal fees are charged by HM Courts and Tribunal Service (HMCTS) as part of funding the administration and running of court and tribunal services and procedures.