Confusion over remission from Court fee

radarjay

Under remission option number 2 it says income of £12,000 or less. Does income in this scenario mean just wages/drawings or does it include Housing Benefit, Child Benefits, Tax Credits and child maintenance?

debt_doctor

Hi, the guidance notes for the ex160 on concession 2 refer to total gross earnings for the year. This is all you have to declare under con. 2.

If you do not qualify, then con. 3 is considered where you have to declare all income AND benefits.

Best

DD

radarjay

Thanks DD, much appreciated.

radarjay

Just to update on this the Court staff insisted on Friday that under concession 2 the rule is all money coming in regardless of source and so I've paid the fee, had to fill in a new form and now provide evidence of Housing Benefit, Child Benefit, Child Tax Credit and Working Tax Credit before they will refund the fee.

debt_doctor

Hi, I am sorry you have had such a difficult time at the court, but they are wrong.:mad: The training we received from HM courts service on this issue was very clear. Sadly, they have not bothered to train their own staff to the same level.:eek: We are experiencing massive problems with our local court on this issue.:eek:

The guidance is below.



Section 4: Full Remission based on gross annual income - Concession 2
[FONT=Arial,Arial]This concession is available to you if you can provide evidence of your status, dependant children, name and address and that your single or joint gross annual income does not exceed the limits set out in the tables below. This reffers to GROSS annual income, the benefits they refer to in your case, are never taxable, so cannot be reffered to as gross.[/FONT]
Children: [FONT=Arial,Arial]Please tick Yes or No. If Yes, state the number of children who are financially dependent on you.[/FONT]
[FONT=Arial,Arial]Evidence:[/FONT]
[FONT=Arial,Arial]• Current Child Tax Credit Award, or[/FONT]
[FONT=Arial,Arial]• Current Child Benefit notification This evidence is PURELY to provide evidence that you HAVE CHILDREN. It is NOT to include it as income.[/FONT]
Status: [FONT=Arial,Arial]Please tick either single or part of a couple. A couple must reside at the same address. Please complete the details below the box you have ticked.[/FONT]
[FONT=Arial,Arial]Evidence:[/FONT]
[FONT=Arial,Arial]• Any original document stating full name(s) and address, such as a utility bill, bank statement etc[/FONT]
[FONT=Arial,Arial]Page [/FONT]
Gross Annual Income: [FONT=Arial,Arial]This is your total earnings from all sources for the year, before any deductions such as tax or National Insurance, have been made.[/FONT]
[FONT=Arial,Arial]Evidence:Again this asks for EARNINGS as proof of your GROSS ANUUAL INCOME. Benefits are NOT earnings.[/FONT]
If you are employed [FONT=Arial,Arial]this can be:[/FONT]
[FONT=Arial,Arial]• Original wage slips:[/FONT]
[FONT=Arial,Arial]Paid monthly: last 3 months wage slips no more than 4 months old; or [/FONT]
[FONT=Arial,Arial]Paid weekly: last full month of wage slips no more than 6 weeks old; and[/FONT]
[FONT=Arial,Arial]• Last 3 months bank statements.[/FONT]
If you are self employed [FONT=Arial,Arial]this can be:[/FONT]
[FONT=Arial,Arial]• Most recent tax return (self assessment); or[/FONT]
[FONT=Arial,Arial]• Most recent full years profit and loss accounts; and[/FONT]
[FONT=Arial,Arial]• Last 3 months bank statements;[/FONT]
[FONT=Arial,Arial]• Any other official document which shows any other income (e.g. statement of rent paid from other properties, permitted benefit entitlement letter, statement from ownership of stocks and shares etc.).[/FONT]
If you are single: [FONT=Arial,Arial]Please look at the table below. The number of dependant children you have will determine the gross annual income limit available to you. Check the table to see if your gross annual income is within the limit appropriate to your situation: [/FONT]

[FONT=Arial,Arial]Number of Children[/FONT]
[FONT=Arial,Arial]Total Gross Annual Income Limits[/FONT]
[FONT=Arial,Arial]None[/FONT]
[FONT=Arial,Arial]£12,000[/FONT]
[FONT=Arial,Arial]One[/FONT]
[FONT=Arial,Arial]£14,470[/FONT]
[FONT=Arial,Arial]Two[/FONT]
[FONT=Arial,Arial]£16,940[/FONT]
[FONT=Arial,Arial]Three[/FONT]
[FONT=Arial,Arial]£19,410[/FONT]
[FONT=Arial,Arial]Four[/FONT]
[FONT=Arial,Arial]£21,880[/FONT]


Additional Children: [FONT=Arial,Arial]If you have more than four children, please add £2,470 for each extra child thereafter to the figure for four children.[/FONT]
[FONT=Arial,Arial]E.g. If you are single with five children, add £2,470 to £2[/FONT]1[FONT=Arial,Arial],880. Your gross annual income must not exceed £24,350.[/FONT]
[FONT=Arial,Arial]Page [/FONT]
If you are part of a couple: [FONT=Arial,Arial]Please look at the table below. The number of dependant children you have will determine the gross annual income limit available to you.[/FONT]
[FONT=Arial,Arial]Work out your joint total by adding together the gross annual income of you and your partner. Check the table to see if your joint gross annual income is within the limit appropriate to your situation.[/FONT]

[FONT=Arial,Arial]Number of Children[/FONT]
[FONT=Arial,Arial]Total Joint Gross Annual Income Limits[/FONT]
[FONT=Arial,Arial]None[/FONT]
[FONT=Arial,Arial]£16,000[/FONT]
[FONT=Arial,Arial]One[/FONT]
[FONT=Arial,Arial]£18,470[/FONT]
[FONT=Arial,Arial]Two[/FONT]
[FONT=Arial,Arial]£20,940[/FONT]
[FONT=Arial,Arial]Three[/FONT]
[FONT=Arial,Arial]£23,410[/FONT]
[FONT=Arial,Arial]Four[/FONT]
[FONT=Arial,Arial]£25,880[/FONT]


Additional Children: [FONT=Arial,Arial]If you have more than four children, please add £2,470 for each extra child thereafter to the figure for four children. [/FONT]
[FONT=Arial,Arial]E.g. If you are part of a couple with five children, add £2,470 to £25,880. Your joint gross annual income must not exceed £28,350[/FONT]
If your single or joint gross annual income does exceed [FONT=Arial,Arial]the limits set out in the tables above, tick the declaration and go to section 5.[/FONT]
If your single or joint gross annual income does not exceed [FONT=Arial,Arial]the limits set out in the tables above, tick the declaration and go to section 6[/FONT]

Best

DD

radarjay

I knew she was wrong and tried to tell her so (I used to work in legal services and know all about these forms and their rules) but she just wouldn't have it.

If I don't get the refund I will appeal it, but for now I am playing it her way and have filled the new form in and produced the evidence she wants so we shall see what she says on Tuesday when I go in to be declared BR.

winnie81

Thank you Debt Doctor I should be exempt now too !

winnie81

Debt Doctor do you have a link to the forms that can be downloaded? Can I take the forms with me to the court and pay the reduced fee or do I need to pay the full fee £485 and then claim it back?

Sorry for the questions but I am very grateful for any help you can offer and apologies OP for posting in your thread

Claire x

debt_doctor

Hi, If you click on this it should get you to the ex160 form

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160.pdf
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a.pdf

One is the form, the other is the guidance.

I would advise that you go to the court at least 7 days in advance. The idea is that you should not pay the fee in the first place.

DD