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Checking if you're eligible for a fee exemption

You are eligible for a fee exemption if you receive any of the following means-tested benefits and you have not been awarded damages of more than £16,000, which were disregarded when determining your eligibility for the benefit:

• Income Support
• Income-based Jobseeker's Allowance
• Pension Credit Guarantee Credit
• a combination of Working Tax Credit and either Child Tax Credit, Disability Element or Severe Disability Element
• Housing Benefit
• Council Tax Benefit
  

Checking if you're eligible for a fee remission

If you do not qualify for a full fee exemption, you could still be eligible for a fee remission if your gross annual income is within the bands shown below. Gross annual income is the amount you receive before you pay tax and national insurance. It might come from any combination of the following:

• employment
• non-means-tested benefits
• pensions
• interest from capital investments

How to apply for a fee exemption or remission

To apply for a fee exemption or remission, you need to follow the link below and complete the ‘Application form for fee exemption or remission’ (form COP44A).

The form should be sent together with your application to the Court. You should also include any other documentation that supports your claim.

If you’re applying for an exemption, you should include a photocopy of a recent document confirming your benefit entitlement. If you’re applying for a remission, you should include a photocopy of a recent payslip, pension entitlement slip, tax return or interest statement.

• Application form for fee exemption or remission (Form COP44A) Opens new window

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When and how to make your payment

If you are applying for an exemption, you do not need to pay the fee when you make your application. If it is decided that you are not eligible for an exemption you will then be asked to make the full payment.

If you are applying for a remission, you should only send that part of the application fee you believe you should pay for as set out above.

If it is decided that you do not qualify for a remission, you will be asked to pay the total fee minus any amount you have already paid.

Fees are payable by cheque, direct debit or credit card. Cheques should be made payable to 'Her Majesty's Courts & Tribunals Service’ and an accompanying letter should include your contact details and the case number, if known.

To find out how to pay by direct debit, or to pay existing fees by credit card, telephone 020 7664 7100.

If your application for an exemption or remission is unsuccessful

You will be informed in writing if your application for exemption or remission is not successful.

If you are unhappy with the decision, you can appeal in writing to the Court Manager, who will review the original decision. If your appeal is refused, the Court Manager will tell you why. If the original decision is upheld, you can appeal a final time to the Area Director. The Area Director's decision is final and no further requests for review will be considered.

Details about the address to write to are on the Court paperwork you will have received about the case. They can also be found using the court finder, by following the link below.

• Find court address details Opens new window

Return to main Court of Protection content

Click on the link below to return to the information about making your application to the Court of Protection.

• Go back to 'Making an application to the Court of Protection'

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