In this Schedule—

• “child” means a person—

  1. a

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

     1. i

        under 16 years; or

     2. ii

        16 to 19 years; and is—

        1. aa

           not married or in a civil partnership; and

        2. bb

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

  2. b

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

  3. c

     and “full-time education”, “advanced education” and “approved training” have the meaning given by regulation 1(3) of the Child Benefit (General) Regulations 20069;

• “child support maintenance” has the meaning given in section 3(6) of the Child Support Act 199110;

• “couple” has the meaning given in section 3(5A) of the Tax Credits Act 200211;

• “disposable capital” has the meaning given in paragraph 4;

• “excluded benefits” means—

  1. a

     any of the following benefits payable under the Social Security Contributions and Benefits Act 199212 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 199213—

     1. i

        attendance allowance;

     2. ii

        severe disablement allowance;

     3. iii

        carer’s allowance;

     4. iv

        disability living allowance;

     5. v

        any payment made out of the social fund;

     6. vi

        any payment from the industrial injuries disablement benefit;

  2. b

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

     1. i

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

     2. ii

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

  3. c

     any direct payment made under—

     1. i

        the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200914,

     2. ii

        the Social Services and Well-being (Wales) Act 201415,

     3. iii

        the Carers and Direct Payments Act (Northern Ireland) 200216,

     4. iv

        the Social Care (Self–directed Support) (Scotland) Act 201317;

  4. d

     any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198318;

  5. e

     any pension paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 200619;

  6. f

     any payment made from the Independent Living Funds;

  7. g

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

  8. h

     any armed forces independence payment;

  9. i

     any personal independence payment payable under the Welfare Reform Act 201220;

  10. j

      any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 201321;

  11. k

      any of the following amounts, as defined by the Universal Credit Regulations 201322, that make up an award of universal credit—

      1. i

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

      2. ii

         a housing costs element;

      3. iii

         a childcare costs element;

      4. iv

         a carer element;

      5. v

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

  12. l

      any bereavement support payment under section 30 of the Pensions Act 201423 or section 29 of the Pensions Act (Northern Ireland) 201524;

• “family help (higher)” has the meaning given in regulation 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 201325;

• “gross monthly income” has the meaning given in paragraph 12;

• “Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 201326;

• “legal representation” has the meaning given in regulation 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

• “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—

  1. a

     an order under section 42(1) of the Senior Courts Act 198127;

  2. b

     an order under section 33 of the Employment Tribunals Act 199628;

  3. c

     a civil restraint order made under rule 3.11 of the Civil Procedure Rules 199829, or a practice direction made under that rule; or

  4. d

     a civil restraint order made under rule 4.8 of the Family Procedure Rules 201030, or the practice direction referred to in that rule;

• “savings and investments” include, but are not limited to—

  1. a

     bonds;

  2. b

     stocks and shares; and

  3. c

     the value of any land or property.

References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted are to be construed accordingly.

Savings and investments in a country outside the United Kingdom count towards disposable capital.

If there is no prohibition in that country against the transfer of savings and investments into the United Kingdom, the value of those savings and investments is the amount which they would realise if sold to a buyer in the United Kingdom.

If there is a prohibition in that country against the transfer of savings and investments into the United Kingdom, the value of those savings and investments is to be calculated in accordance with paragraph 5 as if they were sold in that country.

Where this sub-paragraph applies, the applicable threshold is calculated 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.

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).

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%

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.

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

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, subject to sub-paragraph (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.

An application for remission of a fee must be made at the time when the fee would otherwise be payable.

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

Where an application for remission is refused, or if part remission 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.

The Chief Executive of the Supreme Court 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.

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 Chief Executive of the Supreme Court’s discretion.

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 14, the fee, or the amount by which the fee would have been remitted 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.

Where a fee has been paid at a time when the Chief Executive of the Supreme Court, if all the circumstances had been known, would have remitted the fee under paragraph 15, the fee or the amount by which the fee would have been remitted, as the case may be, must be refunded to the party.

No refund may 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.

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

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