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

[F1 Interpretation U.K.

1.— (1) In this Schedule—

“child” means a person—

(a)

whose main residence is with a party and who is aged—

(i)

under 16 years; or

(ii)

16 to 19 years; and is—

(aa)

not married or in a civil partnership; and

(bb)

enrolled or accepted in full-time education that is not advanced education, or approved training; or

(b)

in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006;

“child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991;

“couple” has the meaning given in section 39(1) of the Welfare Reform Act 2012;

“disposable capital” has the meaning given in paragraph 5;

“excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

F2 ...

(b)

any of the following benefits payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element [F3 , disabled element or severely disabled element] of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Carers and Direct Payments Act (Northern Ireland) 2002, section 12B(1) of the Social Work (Scotland) Act 1968, the Social Care (Self-directed Support) (Scotland) Act 2013 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014;

(d)

F4 ...

(e)

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

(f)

any payments from the Industrial Injuries Disablement Benefit in accordance with sections 103 to 105, paragraphs 2 and 3, and Parts II and III of Schedule 7 to the Social Security Contributions and Benefits Act 1992;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds listed in regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013;

(i)

any payment of bereavement support payment under section 30 of the Pensions Act 2014;

(j)

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

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work-related activity element;

“gross monthly income” has the meaning given in paragraph 13;

“maintenance agreement” has the meaning given in section 9(1) of the Child Support Act 1991;

“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 the party is not living separate and apart;

“party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

“restraint order” means—

(a)

an order under section 42(1A) of the Senior Courts Act 1981;

(b)

an order under section 33 of the Employment Tribunals Act 1996;

(c)

a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; or

(d)

a civil restraint order under rule 4.8 of the Family Procedure Rules 2010, or the practice direction referred to in that rule.

(2) References to remission of a fee are to be read as including references to a reduction of a fee as appropriate and remit and remitted shall be construed accordingly.]

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 Words in Sch. para. 1(1) 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(2)(a) (with art. 6)

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

F4 Words in Sch. para. 1(1) 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(2)(c) (with art. 6)