The Supreme Court Fees Order 2024

Excluded disposable capital

9.  The following are excluded disposable capital—

(a) a property which is the main or only dwelling occupied by the party;

(b) any vehicle, the sale of which would leave the party, or their partner, without motor transport;

(c) the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(d) the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(e) a jobseeker’s back to work bonus;

(f) a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(g) any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(h) the capital held in any personal or occupational pension scheme;

(i) any cash value payable on surrender of a contract of insurance;

(j) any capital payment made out of the Independent Living Funds;

(k) any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017(1);

(l) any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(m) any student loan or student grant;

(n) any compensation paid as a result of the Grenfell Tower fire;

(o) any payments from the London Emergencies Trust(2);

(p) any payments from the National Emergencies Trust(3);

(q) any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(r) any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(s) any compensation paid under the Victims of Overseas Terrorism Compensation Scheme(4);

(t) any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020(5);

(u) any compensation paid under—

(i) schemes established by the Criminal Injuries Compensation Act 1995(6) or the Criminal Injuries Compensation (Northern Ireland) Order 2002(7); or

(ii) criminal injuries compensation schemes in operation before the commencement of the schemes mentioned in sub-paragraph (i);

(v) any payments under—

(i) the Armed Forces and Reserved Forces Compensation Scheme(8);

(ii) the Lambeth Children’s Homes Redress Scheme(9);

(iii) the Medomsley Detention Centre Physical Abuse Settlement Scheme(10);

(iv) the Miscarriage of Justice Compensation Scheme(11);

(v) the Jesus Fellowship Redress Scheme(12);

(vi) the Vaccine Damage Payment Scheme(13);

(vii) the We Love Manchester Emergency Fund(14); and

(viii) the following Infected Blood Support Schemes—

(aa) the England Infected Blood Support Scheme(15);

(bb) the Infected Blood Payment Scheme for Northern Ireland(16);

(cc) the Scottish Infected Blood Support Scheme(17);

(dd) the Wales Infected Blood Support Scheme(18); and

(ee) the UK-wide Infected Blood Interim Compensation Payment Scheme(19).

(1)

S.I. 2017/410; amended by S.I. 2023/134.

(2)

The London Emergencies Trust is a registered charity (number 1172307).

(3)

The National Emergencies Trust is a registered charity (number 1182809).

(4)

The Victims of Overseas Terrorism Compensation Scheme is a statutory scheme established under section 48 of the Crime and Security Act 2010 (c. 17).

(5)

2020 c. 8.

(6)

1995 c. 53.

(7)

S.I. 2002/796 (N.I. 1); relevant amendments are made by paragraph 39 of Schedule 4 to the Northern Ireland Act 2009 (c. 3) and S.I. 2010/976.

(8)

The Armed Forces and Reserved Forces Compensation Scheme is a statutory scheme established under article 7 of S.I. 2011/517.

(9)

The Lambeth Children’s Homes Redress Scheme is a statutory scheme established by the London Borough of Lambeth Council under section 1 of the Localism Act 2011 (c. 20).

(10)

The Medomsley Detention Centre Physical Abuse Settlement Scheme is a scheme established by the Ministry of Justice and administered by HM Prison and Probation Service.

(11)

The Miscarriage of Justice Compensation Scheme is a statutory scheme established under section 133 of the Criminal Justice Act 1988 (c. 33).

(12)

The Jesus Fellowship Redress Scheme is a compensation scheme set up by the Jesus Fellowship Community Trust.

(13)

The Vaccine Damage Payment Scheme is a statutory scheme established under section 1 of the Vaccine Damage Payments Act 1979 (c. 17).

(14)

The We Love Manchester Emergency Fund is a registered charity (number 1173260).

(15)

The England Infected Blood Support Scheme is a scheme administered by the National Health Service Business Services Authority on behalf of the Department of Health and Social Care.

(16)

The Infected Blood Payment Scheme for Northern Ireland is a scheme administered by the Business Services Organisation on behalf of the Department of Health, Northern Ireland.

(17)

The Scottish Infected Blood Support Scheme is a scheme administered by the Common Services Agency on behalf of the Scottish Government Health and Social Care Directorate.

(18)

The Wales Infected Blood Support Scheme is a scheme administered by the Velindre National Health Service Trust and the National Health Service Wales Shared Services Partnership.

(19)

The UK-wide Infected Blood Interim Compensation Payment Scheme is a scheme administered by the National Health Services Business Services Authority in England; the Velindre National Health Service Trust and the National Health Service Wales Shared Services Partnership in Wales; the Common Services Agency for the Scottish Health Service in Scotland; and the Regional Business Services Organisation in Northern Ireland.