EX160 Fee Remission: The Help-with-Fees Scheme Explained

Last reviewed: 14 May 2026 — England and Wales

General information only. This article describes the HMCTS scheme in England and Wales as at the date shown above, with figures uprated periodically — always verify current rates on gov.uk before filing. It is not legal advice and is not a substitute for advice on your case. For free regulated advice, contact a Law Centre, Citizens Advice, Shelter England, or the Housing Loss Prevention Advice Service available at every County Court.

Quick Answer

The Help with Fees scheme (Form EX160) is a means-tested remission of court and tribunal fees in England and Wales, operated by HM Courts and Tribunals Service. A litigant in person who is on a qualifying benefit, or whose monthly income falls below the disposable-income threshold, can have the fee waived in full or in part. The application must be made BEFORE the fee is paid (or, in limited cases, within three months of the fee being charged) — fee remission is not refundable on a routine basis once paid. EX160 covers civil claims, family applications, tribunal fees including Property Chamber RRO applications, and possession-claim-related fees including N244 set-aside (£313) and N245 suspension (£14-£59). The scheme is governed by the Courts and Tribunals Fee Remissions Order 2013 (SI 2013/2302) as amended.

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Who Qualifies — The Two Routes

There are two routes to remission. A litigant qualifies under EITHER:

Route 1 — Qualifying benefits

If the applicant (or their partner, where they have one) receives any of the following on the date of application, the fee is remitted in full:

• Income-based Jobseeker's Allowance
• Income-related Employment and Support Allowance
• Income Support
• Universal Credit with annual earned income of less than £6,000
• Working Tax Credit (without Child Tax Credit, where annual gross income is less than £18,000)
• Pension Credit (Guarantee Credit)

The list is updated periodically. The current list is on gov.uk Get help with court fees.

Evidence required: a recent award letter, an annual statement, or a screen-capture of the relevant benefit on the applicant's online account.

Route 2 — Income and disposable capital test

If the applicant does not receive a qualifying benefit, fee remission is still available based on income and savings.

Monthly gross income thresholds (single applicant, no children — figures uprated annually under SI 2013/2302):

• Income under approximately £1,420 per month — full remission for a fee up to £1,000
• Income between approximately £1,420 and £5,085 per month — partial remission on a sliding scale
• Income over approximately £5,085 per month — no remission

For applicants with a partner, the threshold rises by approximately £265 per month for the partner. For applicants with children, the threshold rises by approximately £265 per child.

Disposable capital (savings, investments, anything readily realisable except the home): the threshold depends on the fee. For a fee under £1,000, the disposable-capital limit is around £4,250 (with a higher limit of about £8,500 for a couple aged 66 or over).

Income and capital thresholds are revised annually. The current authoritative figures are on gov.uk Get help with court fees and in the schedule to SI 2013/2302 — always verify the live figures before filing.

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What Fees Can Be Remitted

EX160 covers most civil, family and tribunal fees. Indicative figures (always verify against the current Civil Proceedings Fees Order 2008 before filing):

• Possession claim issue fee — currently in the region of £404 (for N5 + N119) — full remission available
• N244 set-aside application — currently £313 (on notice) — full remission available
• N245 suspension of warrant — modest fee (currently £14 without notice / £59 on notice) — full remission available
• Court of Appeal permission application — currently around £528 — full remission available
• First-tier Tribunal Rent Repayment Order — free regardless (no fee charged for RRO applications)
• Property Chamber lease-extension and service-charge applications — varies — remission available
• Money Claim Online issue fee — varies by claim value — remission available

It does NOT cover:

• Probate Registry fees (different scheme — Form PA1A includes its own remission section)
• Police criminal record check fees
• Land Registry fees
• Companies House fees
• Solicitor's professional fees (legal aid is separate)
• Bailiff or High Court Enforcement Officer fees (their statutory fee structures are not court fees)

The remission scheme is HMCTS-internal. It does not extend to costs orders made against a losing party — those are governed by CPR Part 44 and Part 47.

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When to Apply — Before You Pay

The critical procedural point is that EX160 is designed to be filed before the fee is paid. Reimbursement after payment is administratively limited (see below).

EX160 is filed alongside the application or claim form, and the fee is then either waived entirely (full remission) or only the unremitted portion is collected (partial remission). Once a fee has been paid, refund is administratively painful — HMCTS refunds only where the application was made within three months of payment and the applicant can prove they qualified at the date of payment.

For litigants in person, the published HMCTS sequence is:

1. The applicant obtains the application form (N244, N245, N5, etc.).
2. Form EX160 and the EX160A guide are downloaded from gov.uk.
3. EX160 is completed with evidence of income or qualifying benefit.
4. EX160 is filed with the application form at the same time.
5. The court office assesses EX160 and either accepts the application without fee, or writes back with a partial-payment requirement.

Where the EX160 is rejected because the evidence is insufficient, the applicant has 14 days to supply further evidence before the application itself is rejected. Retaining a copy of everything filed is the standard practitioner practice.

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The Three Cases EX160 Most Commonly Helps Housing Tenants

Case 1 — Tenant facing eviction on a default judgment

The tenant discovers the warrant. They need to file N244 (set aside the default judgment) and ideally N245 (suspend the warrant) at the same time. Combined fees:

• N244 on notice: £313
• N245 on notice: £59
• Total: £372

For a tenant on Universal Credit, both fees can be remitted in full via a single EX160 covering both applications. Without remission, the £372 may be the difference between filing and not filing.

The Housing Loss Prevention Advice Service (HLPAS) duty solicitor at the County Court can help complete the EX160 on the same day. The forms are quick — typically 15 minutes once the evidence is in hand.

Case 2 — Former tenant defending a money claim for arrears

A former tenant who has been served with an N1 money claim for old rent arrears can file a defence on N9B without paying anything (the defence itself is free).

If the tenant later needs to apply for a directions order or to set aside a judgment, EX160 covers the application fee. The defence-only stage requires no remission application.

Case 3 — Tenant bringing a First-tier Tribunal application

Rent Repayment Order applications to the First-tier Tribunal (Property Chamber) are free regardless of means. EX160 is not needed.

Other Property Chamber applications — for example, service-charge determination under Section 27A of the Landlord and Tenant Act 1985 — carry a £100 issue fee plus a £200 hearing fee. EX160 covers both.

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Filling In EX160 Step by Step

The EX160 form is on gov.uk. Eight pages.

Section A — The applicant

Name, address, date of birth, court reference, fee being claimed, fee amount.

Section B — Benefits

If on a qualifying benefit, tick the box and provide:

• The benefit name (Universal Credit, etc.)
• The date the most recent award was paid
• The reference number from the award letter

Attach a recent award letter or screen capture.

Section C — Income

If not on a qualifying benefit, fill in monthly income for the applicant and partner:

• Employment income (gross)
• Self-employment income
• Pension income
• Other regular income (e.g. rental)

Attach the last three months of payslips, or three months of bank statements showing income deposits.

Section D — Children

Number of dependent children. Adds to the income threshold.

Section E — Disposable capital

Savings, investments, premium bonds, anything readily realisable. The home is excluded. Vehicles essential for daily life are excluded.

Section F — Declaration

Statement of truth. Sign and date.

The form can be completed online and printed, or filled in by hand. Both are acceptable to HMCTS.

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Common Patterns of Rejected Applications

The published HMCTS guidance and the advice-services sector consistently identify the same patterns:

1. EX160 filed after the fee has been paid. Reimbursement is then administratively painful and is generally capped at three months from payment.

2. Out-of-date evidence. Award letters more than one year old are not commonly accepted as proof of current entitlement.

3. Wrong fee figure. EX160 asks for the fee being claimed. A wrong figure (for example claiming £313 for the N244 when only the N244 plus N245 is involved) typically results in a request for clarification.

4. Joint applications without joint evidence. Where applying as a couple, both income figures and both benefit letters are commonly required. Joint applications are common for tenant cases involving both members of a household.

5. Failure to disclose savings. EX160 is a means-tested form; disposable capital must be disclosed. HMCTS spot-checks randomly and disclosure failures have on the case-law been treated as resulting in the application being struck out plus a costs order.

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Partial Remission — How the Sliding Scale Works

For applicants whose monthly income is between £1,420 and £5,085 (single applicant), the remission is partial:

The arithmetic is set out in the schedule to SI 2013/2302 and applied by an HMCTS calculator. The applicant does not need to do the maths — EX160 just asks for the figures and HMCTS works out the entitlement.

In practice, partial remission is offered as either:

• A reduced fee payable in one lump sum, or
• The full fee payable in instalments over an agreed period.

The instalment option is useful for the £528 Court of Appeal permission fee for borderline applicants.

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Appeal If Remission Is Refused

Where HMCTS refuses EX160 or grants only partial remission and the applicant disputes the figures, the published HMCTS internal-review route is:

1. A letter to the court office that processed the EX160 within 14 days of the decision.
2. Any additional evidence attached (corrected payslip, missing benefit letter).
3. Reconsideration requested.

Internal review is usually decided within 14 days. Where it confirms the original decision, the only further route is judicial review of HMCTS's decision in the Administrative Court — rare and disproportionate for fees under £1,000.

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Where EX160 Sits in the Broader Help Ecosystem

EX160 is one of several free or subsidised support mechanisms available to LiPs. The fuller picture:

• Legal aid (means-and-merits test) — for substantive legal advice and representation. Apply via legalaidcheck.justice.gov.uk.
• Housing Loss Prevention Advice Service (HLPAS) — free at the County Court door for any tenant facing possession action, no means test.
• Pro bono advice — Law Centres, Citizens Advice, the Bar Pro Bono Unit (now Advocate).
• Discretionary Housing Payment (DHP) — local authority discretionary top-up for housing costs.
• Discretionary Council Tax Reduction.
• The Court Funds Office for surplus rent or deposit disputes.

EX160 is a court-fee remission scheme specifically. It does not substitute for any of the above. A tenant on the EX160 route often also qualifies for HLPAS and DHP. They are independent routes.

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Recent Changes and 2026 Position

The fee-remission scheme has been broadly stable since the Courts and Tribunals Fee Remissions Order 2013 came into force. Two recent points:

• The 2023 fee uplift increased many fees (the possession claim fee rose from £355 to £404). The remission thresholds were uplifted in parallel.
• The 2024 Help with Fees online portal makes the EX160 process partly digital. The paper form remains available.
• The Universal Credit threshold for automatic full remission was set at £6,000 annual earned income — well below most working-tenant figures, which means the Route 2 income-based test is the more common route for working tenants.

The form itself was updated in February 2025 to remove some redundant sections and clarify the disposable-capital calculation. The version in current circulation is the "EX160 (02.25)" iteration.

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Practical Tip — Combine Applications and File a Single EX160

A tenant facing multiple court applications (set-aside + suspension + counterclaim) can file a single EX160 covering all of them, listing each fee in turn. This is more efficient than filing one EX160 per application and gets a faster overall response.

The court office will process the combined remission application against each fee individually but using the same income evidence.

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Authoritative Sources

• Courts and Tribunals Fee Remissions Order 2013 (SI 2013/2302) — primary scheme: legislation.gov.uk/uksi/2013/2302
• Civil Proceedings Fees Order 2008 (SI 2008/1053) — fee structure: legislation.gov.uk/uksi/2008/1053
• HMCTS Help with Fees guide and EX160 form: gov.uk/get-help-with-court-fees
• Legal Aid Sentencing and Punishment of Offenders Act 2012 — broader free-help scheme: legislation.gov.uk/ukpga/2012/10
• Housing Loss Prevention Advice Service — duty advice at County Court: information at gov.uk.

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BundleCreator's Housing Possession & Tenant Debt subsite at /housing-possession-debt covers the full tenant defending journey. The Defending bundle template includes the EX160 cross-reference for set-aside (N244) and suspension (N245) applications, with a fee-calculator that flags when remission is available.

Nothing in this article is legal advice or a substitute for it. The information describes the law and HMCTS scheme in England and Wales as at the date shown. Litigants in person facing fees they cannot afford should apply EX160 immediately and contact the Housing Loss Prevention Advice Service, Citizens Advice, or a Law Centre for support completing the form.