The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011

[F1 Gross monthly income test U.K.

Textual Amendments

F1 Sch. inserted (20.4.2020) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020 (S.I. 2020/314), arts. 1, 2(4)

[F2 Remission of fees - gross monthly income U.K.

11.— (1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income exceeds the applicable threshold.

(2) The applicable threshold is—

(a) £1,420, for a party that is single and has no children;

(b) £2,130, for a party that is part of a couple and has no children; or

(c) as otherwise calculated in accordance with sub-paragraph (3).

(3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

Step 1 Identify the number of children aged 13 or below and multiply this number by £425.

Step 2 Identify the number of children aged 14 or over and multiply this number by £710.

Step 3 Add together the amounts calculated at Step 1 and Step 2.

Step 4 Add £1,420 to the amount calculated at Step 3.

The result is the applicable threshold for a party that is single and has children.

Step 5 If a party is part of a couple, take this additional step.

Add £710 to the amount calculated at Step 4.

The result is the applicable threshold for a party that is part of a couple and has children.

(4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

(5) Where this sub-paragraph applies, the amount payable is determined as follows—

Step 1 Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

Step 2 Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.

Step 3 Add together the amounts calculated at Step 2 (if there are two or more such amounts).

Subject to sub-paragraph (6), the result is the amount payable.

Table

Part of excess income	Rate
Up to and including £1,000	50%
£1,001 to £2,000	70%
£2,001 to £3,000	90%

(6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.]

Textual Amendments

F2 Sch. para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(10) (with art. 6)

[F3 Gross monthly income— passporting benefits U.K.

11A.— (1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

(2) The following are passporting benefits—

(a) income-based Jobseeker’s Allowance;

(b) income-related Employment and Support Allowance;

(c) income support;

(d) pension credit (Guarantee Credit); and

(e) universal credit with additional gross annual earnings of less than £6,000.]

Textual Amendments

F3 Sch. para. 11A inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(11) (with art. 6)

[F4 Gross monthly income cap U.K.

12.   No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.]

Textual Amendments

F4 Sch. para. 12 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(12) (with art. 6)

[F5 Gross monthly income U.K.

13.— (1) Subject to paragraph 14, “gross monthly income” means the total sum of—

(a) the lower of—

(i) the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

(ii) the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

(b) the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

(2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

(a) the party’s net profits for the month preceding that in which the application for remission is made; or

(b) the average of the party’s net profits for the three months preceding that in which the application for remission is made.

(3) In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.]

Textual Amendments

F5 Sch. para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(13) (with art. 6)

Resources and income treated as the party’s resources and income U.K.

14.— (1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

(2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee U.K.

15.— (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

(2) Where an application for remission of a fee is made, the party must—

(a) indicate the fee to which the application relates;

(b) declare the amount of their disposable capital; and

(c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of [F6 paragraph 11].

(3) Where an application for remission of a fee is made on F7 ... the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) Where an application for remission is refused, or if reduction of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

[F8 (5) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

(6) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.]

Textual Amendments

F6 Words in Sch. para. 15(2)(c) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(14)(a) (with art. 6)

F7 Words in Sch. para. 15(3) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(14)(b) (with art. 6)

F8 Sch. paras. 15(5)(6) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 5(14)(c) (with art. 6)

Refunds U.K.

16.— (1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

(2) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

(3) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (2) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Vexatious litigants U.K.

17.— (1) This paragraph applies where—

(a) a restraint order is in force against a party; and

(b) that party makes an application for permission to—

(i) issue proceedings or take a step in proceedings as required by the restraint order;

(ii) apply for amendment or discharge of the order; or

(iii) appeal the order.

(2) The fee prescribed by this Order for the application is payable in full.

(3) If the party is granted permission, they are to be refunded the difference between—

(a) the fee paid; and

(b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.]