Advice need ASAP on Fee Remission for Tommorrow!

cara09

Hi,

I am going to court tommorrow morning to go BR. I have left filling in the fee remisson form to the last minute though. I thought that it was pretty straight forward to complete.

My partner got his full fee remisson successfully in Feb because he was on Jobseekers Allowance and I was on Incapacity Benefit.

Now that I am going BR I am still on Incapacity but my partner works 4 days a week in IT (he hasn't had his 1st pay slip yet). His IPA hasn't started yet but the majority of our income only just covers our monthly expenses. It would seem extremely unfair to not get a fee remisson considering our situation. The trouble is we have no kids and my partner's income exceeds the allowance for a full fee remisson. Would the court take into consideration that he is BR? Otherwise there is the part fee remisson but how are you expected to provide evidence of all our monthly expenses?

Could this be considered an exceptional circumstance which is mentioned. The form just simply doesn't take account of our situation.

Any advice about this would be much appreciated.

Cara

IF

Hello Cara you should get it for IB.....they need to see bank statements (can't remember how many months) where your benefit is paid in and a letter from Job centre plus confirming that you are still on IB. And I think I'm right in saying you can claim it back if you have to pay it.

Best wishes for tomorrow.
If...x

penguin83

If your household income now exceed the limits allowed (18,000 for a couple with no children) then unfortunately you will be unable to apply for fee remission under concession 2. You can still apply for remission under concession 3 which is based on disposable income, but you need to take a lot of proof with you (housing costs, proof of all income, bank statements for both of you going back 3 months). If you think you will qualify under concession 3, then you have 6 months to apply for a refund after paying the court fee, if you are unable to provide all the proof straight away. xxx

Unfortunately, IB isn't a qualifying benefit but the relatively new Income based Employment and Support Allowance is (contribution based isn't).

I'm sure thats as clear as mud but hope it helps a bit!

Have a read of this booklet which may help

The exceptional circumstances are generally for emergency application such as applications to suspend an imminent eviction (ie that day) or applications for injunctions where it is too urgent to send the person away for the fee or the correct proof. xxx