Fee remission (Help with Fees)
The scheme that removes or reduces a court fee for people who cannot afford it — and the reason a thin bank balance need not be the end of a claim.
Who can apply for Help with Fees?
Anyone who has to pay a court or tribunal fee in England and Wales and whose savings and monthly income fall within the published limits. It is not restricted to people on benefits, and it is not restricted to claimants — a defendant paying a fee to make an application, or to bring a counterclaim, can apply on the same basis.
What are the income limits?
Under the scheme as revised in November 2023, a single applicant qualifies for full remission with a gross monthly income below £1,420, and a couple below £2,130, with additions of £425 for each child aged 13 or under and £710 for each child aged 14 or over. Partial remission runs up to £4,420 for a single applicant and £5,130 for a couple, with the same child additions. Figures are set by HMCTS and can change, so check the current EX160A guidance before relying on them.
How much savings can I have?
There is a capital test as well as an income test, and the savings threshold rises with the size of the fee you are asking for help with. Savings, investments and money held in most accounts count; the home you live in and household goods generally do not. The EX160C calculator applies the current thresholds and is the quickest way to check where you stand.
When do I have to apply?
At the same time as you make the application the fee relates to — not afterwards. If you have already paid the fee, a refund is possible in limited circumstances and within a short window, but the reliable route is to apply for remission and lodge the two together.
Does receiving benefits mean automatic remission?
Not automatically, but certain income-based benefits mean your income is treated as within the limits, so the assessment turns on capital alone. HMCTS removed the requirement to supply evidence of benefits in November 2025, which simplified the paperwork considerably. You may still be asked for evidence of income or savings.
Does asking for Help with Fees weaken my case?
No. The remission decision is administrative and is made separately from the case itself. The judge deciding the claim is not assessing your finances, and remission carries no implication about the merits of what you are claiming.
Fee remission (Help with Fees)
Small Claims · Glossary
Fee remission (Help with Fees)
The scheme that removes or reduces a court fee for people who cannot afford it — and the reason a thin bank balance need not be the end of a claim.
Last reviewed: August 2026
, known publicly as Help with Fees, is the HMCTS scheme that waives or reduces court and tribunal fees for applicants who pass a means test based on income and savings.
Where this comes from
Courts Act 2003, s.92
— the power to set and remit court fees.
Get help paying court and tribunal fees
— the gov.uk service and eligibility overview.
— the paper application form for Help with Fees.
EX160C fee remission calculator
— works out what, if anything, you would pay.
Why the scheme exists
Court fees in England and Wales are charged at the point of use. Issuing a money claim, filing a counterclaim, making an application under form
, and applying for enforcement all attract fees, banded by the value of what is at stake and published in the HMCTS EX50 schedule. For a claim worth a few thousand pounds those fees can run into hundreds.
That is a real barrier. A person owed £4,000 who has £60 in the bank cannot fund the fee that would let them recover it, and the fact that the fee would ordinarily be added to the judgment is no help — the money has to be found first. Help with Fees exists to stop the fee itself deciding who gets to use the courts.
The scheme was substantially revised on 27 November 2023, replacing the older remission structure with clearer income bands and a capital test that scales with the fee. Applications made from that date onwards are assessed under the current rules, and the guidance note EX160A sets them out in full.
How the assessment works
- The capital test comes first.
- HMCTS looks at savings and investments held by you and, if you have one, your partner. The threshold rises as the fee rises, so a small fee has a lower savings bar than a large one.
- Then the income test.
- Gross monthly income is compared against the published thresholds, with allowances added for each child in the household.
- If income falls below the lower threshold and capital is within the limit, the fee is waived entirely.
- Income between the lower and upper thresholds produces a contribution — you pay part of the fee and HMCTS covers the rest.
- You may be asked for payslips, bank statements or benefit confirmation. Since November 2025 evidence of benefits is no longer routinely required.
- HMCTS processes the remission alongside the underlying application, so the claim or application is not held up while it is considered.
What partial remission looks like in practice
A single parent with one nine-year-old child is owed £3,400 by a former letting agent. The issue fee for a claim in that band runs to well over £100. Her gross monthly income is £2,150 and she has £480 in savings.
Her capital is comfortably inside the threshold for a fee of that size. On income, she is above the full remission line for a single applicant with one child aged 13 or under (£1,420 plus £425, so £1,845) but well below the partial remission ceiling (£4,420 plus £425). She therefore pays a contribution rather than the whole fee, calculated by HMCTS from how far her income sits above the full remission line.
The practical effect is that a fee she could not have found in one go becomes a smaller sum she can. She lodges form EX160 with the claim, and the claim is issued without waiting for the remission decision. If she wins, the fee she did pay is normally added to the judgment as a recoverable disbursement.
Applying without tripping over the process
The application can be made online through the gov.uk Help with Fees service, which issues a reference number to quote on the court form, or on paper using form EX160. The online route is faster and gives you a record. Either way, the golden rule is timing: the remission application and the thing it relates to are submitted together. A fee already paid is much harder to recover.
Remission is per fee, not per case. A claim that goes to issue, then needs an application, then needs enforcement, involves three separate fees and three separate remission applications. Each is assessed on your circumstances at the time, which cuts both ways — if your finances have worsened since the last one, you may qualify for more.
It is worth using the EX160C calculator before you apply. It applies the current thresholds and tells you whether you are looking at full remission, a contribution, or nothing, which lets you plan rather than guess. And if you are refused and think the decision is wrong, you can ask for it to be reconsidered, setting out what you think was misunderstood.
One more point that catches people out: Help with Fees covers court and tribunal fees only. It does not cover the cost of expert reports, travel to a hearing, lost earnings, or anything you pay to a third party. Those remain your own, though some may be recoverable from the other side if you succeed.
- Paying first and applying later.
- Remission is designed to be applied for with the fee, not after it. Refunds are limited and time-bound.
- Leaving a partner off the form.
- The assessment looks at household income and capital where you have a partner. An incomplete picture risks the application being rejected.
- Assuming benefits mean automatic full remission.
- Qualifying benefits address the income test; the capital test still applies.
- Relying on figures found on a third-party website.
- Thresholds are set by HMCTS and have changed more than once. Check EX160A or run EX160C before you commit to a number.
- Applying once for a whole case.
- Each fee needs its own application, including enforcement fees months later.
- Not asking for reconsideration.
- A refusal is not final. If income or capital was misread, say so — it costs nothing but the time to write.
Frequently asked questions
Sources & further reading
- Get help paying court and tribunal fees
- Form EX160 — apply for help with fees
- EX160A — how to apply for help with fees
- EX160C — fee remission calculator
- EX50 — civil and family court fees
- Courts Act 2003, s.92
- (legislation.gov.uk)
Fee standing between you and your claim?
Start My Claim walks you through the claim itself, so the paperwork is ready when the fee question is settled.
Last reviewed: August 2026.
Thresholds checked against the HMCTS Help with Fees guidance for applications made on or after 27 November 2023, as published on GOV.UK in August 2026. HMCTS may revise these figures; check EX160A before relying on them.
This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.