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court fees, remission 2, form EX160

  • k8lauren
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15 May 13 #393460 by k8lauren
Topic started by k8lauren
i am on a low income and currently receiving both working and child tax credits. when working out my gross annual income to apply for remission 2, it says to include child benefit and other benefits not included in the list or named in remission 1. remission 1 states ''working tax credits but not in reciept of child tax credits''. does this mean i have to add just the child tax credit amount, both tax credits or neither???? its confused me!:S

  • Gillian48
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15 May 13 #393465 by Gillian48
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Hi - I didn''t realise that court fees could be claimed back because of low income?? I am on a very low income I''m going to look at this form to see if I can claim - does this claim have to be made before you start the process do you know? Just wondering if I''ve left it too late to claim?
Sorry I haven''t answered your question - I''ll have a look at the form and then see if I can figure out the answer to your question.

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15 May 13 #393466 by jslgb
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I claimed fee remission due to a low income. There is a sliding scale of incomes based on number of children on which you can claim fee remission. It can also be claimed based on your income vs your outgoings. However, since the changes to legal aid in April there is some uncertainty over whether fee remissions are still available and from what i have been told they are notoriously difficult to obtain. Applications can be made retrospectively and the fee remission can cover all or just a portion of the fees.

If my memory serves me i think you would need to put both tax credits down and provide evidence although i''m not 100% sure. Try messaging Dukey, he helped me with info for mine.

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15 May 13 #393473 by u6c00
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Remission 1 is automatic fee remission based on you receiving a benefit that is already income assessed. People who receive working tax credits but not child tax credits have already been income assessed by HMRC so there''s little point in HMCTS doing it all over.

If you do not receive one of the listed benefits from remission 1, you have to fill in part 2 or 3.

Part 2 is if your annual income including all benefits is below a certain level (which depends on your circumstances. Check page 9 to see the limits).

If your income is above those limits, fill in part 3, which takes in to account some "permitted" expenditure to work out your disposable income.

Chocoholic, you can claim a refund for a fee paid within the last 6 months from the court where you paid it. You need to use the same form ( EX160A ). All the details are included in there.

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