Help With Court Fees — EX160 Guide

Court fees in England and Wales can be significant — issuing a small claims court claim alone costs between £35 and £455 depending on the amount. If you cannot afford these fees, the government operates a fee remission scheme called Help with Fees. The application form is the EX160, and it allows eligible applicants to have their court and tribunal fees reduced or waived entirely.

What Is the EX160 Form?

The EX160 is the official application form for Help with Fees (sometimes called fee remission or fee exemption) in the courts and tribunals of England and Wales. It is administered by HM Courts & Tribunals Service (HMCTS).

When you submit a court form that carries a fee — such as an N1 claim form, an N244 application notice, or a hearing fee — you can apply for Help with Fees at the same time. If your application is successful, the fee is either waived in full or reduced based on your financial circumstances.

Who Qualifies for Help with Fees?

There are three routes to qualifying for fee remission. You only need to meet one of them:

Route 1: Passported Benefits

If you (or your partner) receive any of the following benefits, you automatically qualify for full fee remission — no income or savings test required:

• Universal Credit — but only if your monthly take-home pay (from employment or self-employment) is less than £6,000 per year
• Income-based Jobseeker's Allowance (JSA)
• Income-related Employment and Support Allowance (ESA)
• Income Support
• Pension Credit (Guarantee Credit)
• Scottish Civil Legal Aid — under the Legal Aid (Scotland) Act 1986

Route 2: Income and Savings Test

If you are not on a passported benefit, you may still qualify based on your income and savings:

• Savings threshold: Your savings and investments must be below £3,000. If you are aged 61 or over, the threshold is £16,000
• Income threshold: Your gross monthly income (before tax) must be below a set amount, which depends on whether you are single or in a couple, and how many children you have

For a single person with no children, the income threshold is approximately £1,085 per month for full remission. Each dependent child increases the threshold by around £245 per month. If your income is above the full remission threshold but still relatively low, you may qualify for partial remission — where you pay a contribution towards the fee and the rest is waived.

Route 3: Exceptional Circumstances

In rare cases, the court has discretion to grant fee remission on the basis of exceptional circumstances — for example, if your income is just above the threshold but you have unusually high essential outgoings (such as care costs or medical expenses). This is decided on a case-by-case basis.

What Fees Does It Cover?

Help with Fees can be applied to most court and tribunal fees in England and Wales, including:

• Issue fees — the fee to start a county court claim (N1 form or Money Claims Online)
• Hearing fees — the fee payable when your case is listed for a hearing
• Application fees — fees for interim applications such as the N244 (application notice)
• Enforcement fees — fees for enforcing a judgment, such as applying for a warrant of control
• Appeal fees — fees for appealing a court decision
• Tribunal fees — where applicable, fees in employment tribunals and other tribunals

How Much Could You Save?

The amount you save depends on the fee and your level of remission:

• Full remission: The entire fee is waived. You pay nothing
• Partial remission: You pay a contribution based on your income. For example, if the court fee is £455 and your contribution is calculated at £150, you pay £150 and the remaining £305 is waived

What Evidence Do You Need?

The evidence you need depends on which route you are applying under:

If You Receive a Passported Benefit

• A recent benefit letter or award notice showing you receive one of the qualifying benefits
• If applying online, HMCTS can check your benefit status with the DWP automatically in many cases — you may not need to provide any documents

If You Are Applying on Low Income

• Bank statements — the last 3 months of statements for all accounts held by you and your partner
• Payslips — the last 3 months if you are employed
• Tax return or self-assessment — if you are self-employed, your most recent tax return
• Proof of savings — statements showing balances for all savings accounts, ISAs, and investments
• Proof of benefits — award letters for any non-passported benefits you receive (e.g., Child Benefit, Housing Benefit)

How to Apply — Step by Step

Option A: Apply Online (Recommended)

The fastest way to apply is online at www.gov.uk/get-help-with-court-fees. The process takes around 10 minutes:

Option B: Paper Application (EX160 Form)

If you prefer to apply on paper, or if the online service is unavailable for your fee type:

Online vs Paper Application

Both routes lead to the same outcome, but there are practical differences:

• Speed: Online applications are processed faster. If you are on a passported benefit, the check can be done automatically against DWP records, often within a few days. Paper applications typically take 10-15 working days
• Convenience: Online is available 24/7 and gives you an immediate reference number. Paper requires printing, posting, and waiting
• Evidence: Online allows you to upload documents. Paper requires you to post photocopies
• Availability: The online service covers most court and tribunal fees, but some fee types may still require a paper application — check the gov.uk guidance for your specific fee

Common Mistakes to Avoid

Applications are sometimes delayed or refused because of avoidable errors. Watch out for these:

• Not declaring your partner's finances — the assessment is household-based. You must include your partner's income and savings even if they are not involved in the court case
• Providing outdated evidence — bank statements and payslips must be recent (within the last 3 months). Old documents will be rejected
• Missing accounts — you must declare all bank accounts, savings accounts, ISAs, and investments. The court may cross-check, and omitting an account can result in refusal
• Applying too late — you should apply for Help with Fees before or at the same time as filing your court form. If you apply after the fee has already been paid, you cannot get a refund through this scheme
• Wrong benefit type — contribution-based JSA and ESA do not qualify under the passported route. Check whether your benefit is income-based or contribution-based
• Forgetting to apply for each fee separately — remission for the issue fee does not carry over to the hearing fee. You need a new application for each

What Happens After You Apply?

After submitting your application, HMCTS will review your eligibility:

• If approved (full remission): The fee is waived entirely. Your court form is processed as normal
• If approved (partial remission): You will be told how much you need to pay. You must pay the contribution within the deadline given (usually 14 days) for your court form to be processed
• If refused: You will receive a letter explaining why. You then have a set period (usually 14 days) to pay the full fee. If your circumstances change, you can submit a new application
• If more information is needed: The court may write to you requesting additional evidence. Respond promptly to avoid delays

Frequently Asked Questions

Can I apply for Help with Fees for Money Claims Online (MCOL)?

Yes. If you are filing a claim through Money Claims Online, you can apply for Help with Fees online first, get your HWF reference number, and enter it during the MCOL filing process.

What if my circumstances change after I apply?

If your financial situation changes after submitting your application but before the fee is due, you should contact the court. If your circumstances improve after remission was granted, you do not need to repay the fee — but any future applications will be assessed on your current circumstances.

Can I get a refund if I already paid the fee?

Generally, no. Help with Fees must be applied for before or at the same time as paying the court fee. If you have already paid, the scheme does not provide refunds. In exceptional circumstances, you may be able to write to the court to request discretionary consideration, but this is not guaranteed.

Does Help with Fees cover solicitor costs?

No. Help with Fees only covers court and tribunal fees charged by HMCTS. It does not cover solicitor fees, barrister fees, or any other legal costs. If you need help with legal costs, you may want to look into legal aid (for eligible cases) or pro bono legal advice services such as Citizens Advice.

I am self-employed — can I apply?

Yes. Self-employed applicants are assessed on their income and savings like anyone else. You will need to provide your most recent self-assessment tax return and recent bank statements as evidence of your income.