How do I apply for fee remission?

Complete form EX160 (Help with Fees). You can apply online via the Help with Fees portal or download the paper form. Apply at the same time as the court application for which the fee is due. Keep your supporting records, but do not send income evidence unless HMCTS asks for it.

Can I apply for remission if I am on benefits?

Yes — receiving income-based JSA, income-related ESA, Income Support, Universal Credit (with earnings under £6,000 in last 12 months), or Pension Credit Guarantee Credit means you automatically pass the income test. You still need to pass the savings test.

Do my partner's savings count?

Usually yes: both tests include your partner. If your partner is the opposing party or has a conflicting interest in the case, follow the separate instructions in EX160A.

Include savings accounts, ISAs, investments, unspent income from earlier months and equity in second homes. Personal pensions and the capital value of a self-employed business are excluded, along with specified compensation payments. This is not a complete list: use the EX160A instructions to identify what counts.

Can I get fees back if I have already paid?

You can apply within 3 months of paying if you were eligible when you paid. Apply online or use form EX160 and give your circumstances at the payment date. EX160A is the guidance, not the application form.

What if my circumstances are temporary?

Both savings and income matter. Use the previous calendar month; if your income varies, HMCTS permits the lower of that month and your average over the previous 3 months. For a refund, use your circumstances when you paid the fee.

Cannot afford the court fee?

Cannot afford the small claims court fee? Apply for fee remission using form EX160. Full thresholds for income and savings, who qualifies, and how to apply.

How fee remission works

The scheme has savings and income tests. Qualifying benefits can satisfy the income test, but the savings test still applies. If you do not qualify under the normal rules and would face exceptional hardship, you can ask HMCTS to consider its exceptional remission power.

1. Savings test (capital)

Under the normal scheme, your relevant savings must be below the limit. The table applies if you and your partner are both under 66.

Court or tribunal fee	Savings limit
Fee up to £1,420	£4,250
Fee of £1,421 to £5,000	3 × the fee
Fee of £5,001 or more	£16,000

If you or your partner are 66 or over, the savings limit is £16,000 regardless of the fee: you must have less than this amount. Normally combine your savings and your partner’s. Check the exclusions in EX160A. Figures checked on 19 September 2026.

Pass the savings test, then check the income HMCTS counts, including gross wages before tax. Some benefits and benefit elements are excluded, including PIP, Disability Living Allowance, Housing Benefit and the housing element of Universal Credit. Check the full EX160A list rather than counting all benefits. For each child, add £425 to the income threshold if they are 13 or under, or £710 if they are 14 or over. The same additions apply to the partial remission ceiling.

Monthly gross income	Remission
Up to £1,420 (single) / £2,130 (couple)	Full remission
£1,420.01–£4,420 (single) / £2,130.01–£5,130 (couple)	Partial remission — a contribution, worked out by HMCTS from how far above the line you are
Above £4,420 (single) / £5,130 (couple)	No remission

Thresholds are checked against HMCTS guidance on 19 September 2026. Eligibility for partial help depends on the fee and your circumstances; HMCTS confirms the contribution. Verify the current figures before applying.