Published in Debt Advice Features on Saturday, October 14 2006

Dependant on your financial position, it may be possible for you to apply for exemption from paying the application fee to the court in bankruptcy, however everybody has to pay the mandatory fee of £325 known as the Official Receivers deposit.

If you have read the article “Bankruptcy; The Fees” then you will know about the fees that are involved in bankruptcy, if you have not read the article Click Here

You may be exempt from paying a court fee by law if:

-You or your partner receive, the benefit Income Support. (partner means someone to whom you are married, or in a civil partnership with; or someone who you live with as if you are married to them or in a civil partnership.

-You or your partner receive Pension Credit guarantee credit.

-You receive the benefit Income-based Job Seeker’s Allowance.

Either:

-Your gross annual income (your income before income tax and other money is taken away) is less than £15460 and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’

Or

-Your gross annual income is less than £15460 and you and your partner receive Working Tax Credit and Child Tax Credit between you.

Note: HM Revenue & Customs send you an award notice that shows your annual income. This is your gross annual income. If it is more than £15,460, the court may suggest that you apply for remission. If you receive Working Tax Credit, the award notice will show if you receive a ‘disability element’ or ‘severe disability element’

-You are involved in a family case and receive ‘Legal Help’. ‘Legal Help’ means the legal advice and assistance given under the Community Legal Service scheme. If you are not sure if the case is a family case, please ask a customer service officer at the court.

Note: If you want to apply for the refund of a fee because you received Working Families Tax Credit or Disabled Person’s Tax Credit when you paid a court fee, please contact a customer service officer at the court.

If you do not meet the necessary requirements for exemption of the fee then it may be possible for you to apply for remission, you will again need form EX160 and speak to the customer service office at the court.

This information was extracted from and accredited to http://www.hmcourts-service.gov.uk/infoabout/fees/exemption/index.htm and is crown copyright protected http://www.hmcourts-service.gov.uk/aboutus/termscond.htm