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Understanding the Remission System

By: J.A.J Aaronson - Updated: 22 Jul 2019 | comments*Discuss
 
Family Courts Hm Courts Service

Universal access is one of the most important foundations on which any fair justice system is built. It is one of the cornerstones of British justice – and yet rising costs have meant that an increasing number of people are being priced out of the courts.

Cost can be a barrier, and it is not uncommon for fathers to be dissuaded from using the family courts because they cannot afford to pay the fees.

There is, however, a series of ‘discounts’ and exemptions available to help ease the financial burden. This is known as the Remission system.

What is the Remission system?

The Remission system is designed to ensure that everyone gets access to the courts. It is the product of a recognition that not everyone can easily pay the costs associated with the legal system.

The system comprises a series of waivers and deductions, each of which applies to individuals in specific financial circumstances. For example, a full waiver might be given to an individual in receipt of Income Support, while a partial waiver might be given based on an individual’s monthly disposable income.

What are the three Remission types?

There are three separate ‘tiers’ in the Remission system, known as Remissions One, Two, and Three.

Remission One is a full waiver, offered to those in receipt of certain means-tested benefits. These include Income Support, income-based Jobseeker’s Allowance, the Pension Credit guarantee credit, and income-related Employment and Support Allowance.

Remission Two is also a full waiver, and is based on an individual’s gross annual income – that is, income before tax and deductions. It is intended for those who are not in receipt of any of the benefits related to Remission One. The income threshold for Remission Two varies, depending on whether you are single or in a couple. The threshold for a single person with one dependent child, for example, is £15,930, or £13,000 for a single person with no dependent children.

Remission Three may be either a full or part waiver, and applies to those who are not in receipt of any of the benefits relevant to Remission One, and whose income exceeds the relevant thresholds for Remission Two. It is assessed on the basis of your monthly disposable income. The court will determine whether or not you are entitled to this Remission, depending on the information you provide them.

What court fees might I have to pay?

The fees that apply to you will depend on the nature of your proceedings. For example, beginning costs-only proceedings attracts a fee of £45. This might not sound like a huge amount – but the fees can quickly increase in proceedings where costs are being claimed. For example, if the costs claimed are up to £15,000, the fee is £325. In the (relatively rare) cases where the costs claimed are more than £500,000, the fee is £5,455.

The Remissions system is there to help ensure that access to the courts is not restricted because of a lack of ability to pay these costs.

How do I apply?

You can apply for Remissions using form EX160, which is available from the HM Courts Service website. You will be required to give a range of details, including basic information about the case or claim.

The supporting evidence you need to present will depend on the Remission you are claiming. If you are claiming under Remission One, you will need a dated letter from the relevant government agency. For example, if you are in receipt of income-based Jobseeker’s Allowance you will need a letter from either the DWP or your Job Centre Plus. In most cases the letter will need to be no more than one month old.

In order to claim Remission Two or Three, you will have to provide evidence of your income. If you are in employment this will normally be a wage slip. If you are self-employed you will normally be required to provide your most recent Self Assessment tax return or tax calculation. In addition, whether you are employed or self-employed, you will have to provide your last three months’ worth of bank statements.

If you have any extra income, for example from stocks and shares or rental payments, you will also be required to provide details of these. For example, you might need to provide a copy of the relevant tenancy agreement. It is vital that you provide the courts with full and complete information.

If you are in any doubt about your entitlement to Remissions, or your general legal rights or responsibilities, you should contact the Courts or seek independent legal advice.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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I couldn’t accept the fact I was only allowed to see my son for 20 mins a week after I had been there 24/7 for him after my ex had decided she wanted to stop working (she went straight back in to work for 12 months after the birth) I was so supportive I even took him to where ever she was based staying in hotels so we were together. Leaving earlier taking him in to child care... picking him up from work feeding bathing him.... and we split... she didn’t want me so we split after I moved on.. left her very settled with car and a house (which I thought I was doing right) to then find I had no control or contact.. just about payments this broke me.. to the point I got into trouble and my life ended up in prison.. since this6yrs I’m now proud to say I can accept everything I’m fully rehabilitated and now have full support for probation, I have a fantastic job again a partner and a step daughter.. I just want to start to see my son again and rebuild/make a relation ship with him and include him.. it broke my heart and sent me off the rails. I’ve since then grown up.. and realised I was in a toxic relationship and tried to do everything to keep it going.. He’s 8 this year and I just wanted some advice. I’ve not seen him for 5 and 1/2 years.. Mediation won’t work His mothers last words were I can’t stand you.. but you can see him I don’t know how this is gonna work.. she’s Eastern European and I’m sure a good mother but doesn’t want me around... When I went to prison it was off the rails / conspiracy to supply related. I had a good job before and since then I’ve picked my self off got a great job now. Support from every one and I’m more confident in my future than I’ve ever been.. but what do I do to get contact.. Thanks
Nick - 24-Jun-19 @ 12:47 AM
BB - Your Question:
My wife alienated me over 4 years or so. Had reported domestic violence for no reason whatsoever since last September. Council moved the family to secure accommodation. Non Molestation Order brought against me for no reason whatsoever. Took an undertaking to abide by 1. for not threatening directly or indirectly 2. to communicate only via solicitor (3. one removed as I requested - stay 50m away from my wife). I applied for Child Contact for 3 days a week. A Prohibition Order brought against me accusing me of Child molestation and domestic violence. All baseless allegations, but Social Services has done a bias report and my concerns and side of story has not been included. I still live in our own home. Children refuse to see me because of alienation. What should I do in terms of access to children; house etc. Thanks.

Our Response:
Due to the complications of your situation, we cannot really advise. Seeking professional legal advice is your only recourse here.
SeparatedDads - 7-Mar-17 @ 1:55 PM
My wife alienated me over 4 years or so. Had reported domestic violence for no reason whatsoever since last September. Council moved the family to secure accommodation. Non Molestation Order brought against me for no reason whatsoever. Took an undertaking to abide by 1. for not threatening directly or indirectly 2. to communicate only via solicitor (3. one removed as I requested - stay 50m away from my wife). I applied for Child Contact for 3 days a week. A Prohibition Order brought against me accusing me of Child molestation and domestic violence. All baseless allegations, but Social Services has done a bias report and my concerns and side of story has not been included. I still live in our own home. Children refuse to see me because of alienation.What should I do in terms of access to children; house etc.Thanks.
BB - 6-Mar-17 @ 7:24 PM
@asma - you need to get on to your council. I have included a link to the giv.uk site emergency housing if you're homeless. Please see the link and follow it up from there, it will guide you in the right direction. link here.
SeparatedDads - 12-Dec-14 @ 11:28 AM
I need help and action against a billing father and a lying social worker who had me vacated from my own propertyby putting false allegations on me. I haven't been given an accommodation and have even sleeping in my car from last 14 weeks. My health has suffered because of this neglect. My children are really worried about me and there is no way we can control there fathers aggressive attitude without Cafcass 's help and strict attitude. There father does it respect me but tries to lighten up every thing about me by spreading silly lies about me.
asma - 11-Dec-14 @ 6:24 PM
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