Court fees can be a genuine barrier to justice. Issuing a straightforward money claim in England and Wales can cost several hundred pounds before a case is even heard, and fees rise sharply for higher-value claims. The Help with Fees scheme exists precisely for this reason: it lets people on low income or with limited savings apply to have court and tribunal fees reduced or waived entirely.
What Help with Fees actually covers
Help with Fees applies to fees charged by Her Majesty’s Courts and Tribunals Service (HMCTS) in England and Wales, including issuing a county court claim, applying for a divorce, or bringing certain tribunal proceedings. It does not cover a solicitor’s own charges — only the fee the court itself charges for the service. If you win your case, the court can still order the other side to repay you the fee, even if you paid nothing yourself because your fee was waived.
Who qualifies
Eligibility is assessed across three separate tests, and you generally need to satisfy the savings and either the benefits or income test.
- Savings test. If you are 61 or under, you typically need savings under £3,000 to £4,250 depending on the size of the fee (the lower the fee, the lower the savings threshold, up to £4,250 for fees of £1,420 or less). If you are 66 or over, you can hold savings up to £16,000 regardless of the fee amount.
- Benefits test. You may automatically qualify if you receive income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Pension Credit (Guarantee Credit), or Universal Credit with annual earnings below £6,000.
- Income test. If you are not on a qualifying benefit, your monthly income is assessed against thresholds that currently sit around £1,420 for a single applicant or £2,130 for someone with a partner, with additional allowances for dependent children.
Depending on where your income and savings fall within these bands, you may get full remission (paying nothing) or partial remission (paying a reduced fee).
How to apply
There are two routes:
- Online, as part of submitting your court application through the relevant online service.
- By post, using form EX160, sent together with your court form to the address specified on the form.
You need to apply separately for each individual fee you want help with — an approval for an issue fee does not automatically cover a later hearing fee, for example. If you have already paid a fee and later realise you may have qualified for help, you can apply for reimbursement, but only within three months of paying, by sending your application directly to the court or tribunal that charged it.
If you don’t have easy internet access or find the online process difficult, support is available by phone to help you complete an application, rather than being left to navigate the paper form alone.
What to have ready before you apply
- Details of your income for the last month (or an average of the last three months if it varies).
- Evidence of any qualifying benefit, such as an award letter or online journal screenshot for Universal Credit.
- A note of your savings and investments, including anything held jointly.
- The fee number or fee amount from the HMCTS fees schedule for the specific application you are making.
Common mistakes to avoid
A frequent issue is applying for help with fees using out-of-date income figures — the assessment looks at your current financial position, not what it was when a dispute first arose months earlier. Another is assuming a single approval covers an entire case from start to finish; multi-stage proceedings, such as a claim that proceeds to a hearing, often carry more than one separate fee, each of which needs its own Help with Fees reference if you want it covered.
FAQs
Does Help with Fees cover a solicitor’s charges?
No. It only ever covers the fee the court or tribunal itself charges. Solicitor or legal representative fees are a completely separate cost, and if you need help with those you may want to look at legal aid eligibility or a fixed-fee arrangement instead.
What happens if I lose my case after getting a fee waiver?
You do not have to repay the waived fee simply because you lost. The scheme assesses your financial circumstances at the time you apply, not the outcome of the case.
Can I get help with fees for a divorce application?
Yes, the scheme covers the standard divorce application fee in England and Wales, alongside county court and many tribunal fees, provided you meet the savings, benefits or income criteria.