Form

Notes on completing the application for help with fees (COP44B)

Updated 8 February 2024

Who can get help with Court of Protection fees

You may not have to pay a Court of Protection fee, or you may get some money off if you:

• only have a small amount of savings and investments (under £3,000) and receive certain benefits
• are on a low income
• have a Child Trust Fund

Help with fees is sometimes known as ‘fee remission’.

In the Court of Protection, and depending on the type of case being brought, we can assess eligibility for getting help with fees.

If you are making a health and wellbeing application, we look at the financial circumstances of the person making the application on behalf of the vulnerable person. If you are making a property and affairs application, we look at the vulnerable person’s financial circumstances.

If you are represented by a solicitor for legal aid, you will not be eligible for help with your fees. The solicitor is responsible for paying the court fee, which they can later recover from the Legal Aid Agency.

If you are not eligible for help with fees for any reason and are likely to experience exceptional financial hardship, you may be eligible for a part or full fee remission under the Lord Chancellors’ exceptional power. See the exceptional hardship section for more information.

Child Trust Fund

If a child lacks mental capacity to apply for access to a Child Trust Fund, then a parent or guardian can apply to access it on their behalf.

You do not need to pay a fee to access a Child Trust Fund if the child is under 18 and has savings of less than £4,250 or a monthly income less than £1,420.

Help with fees for a Child Trust Fund

If you apply for access to a Child Trust Fund after the child’s 18th birthday, you can apply for help with paying the Court of Protection fee if either:

• the trust fund has a balance over £4,250
• the child has a monthly income less than £1,420

If you are not eligible for help with fees, you may be able to apply for a fee waiver in exceptional circumstances. This is at the court’s discretion, and you would need to contact the court beforehand.

1. About the person the application relates to (question 1)

The Court of Protection needs these details to identify the person the application relates to, as well as the case.

2. Your personal details (question 2)

If the case relates to health and personal welfare, we will assess your eligibility for getting help with fees on the applicant’s financial circumstances. However, if the application relates to property and affairs, eligibility is based on the financial circumstances of the vulnerable person.

You can usually find your National Insurance number on letters from the jobcentre, your payslip, or P60. If you cannot find it, use our tool to help you find a lost National Insurance number.

3. Status (question 3)

If the application relates to your health and personal welfare and you have a partner, their financial situation will also be taken into consideration. You must give details of their savings and income. If your partner is the person the application relates to, then you should include your own savings and income. If the person you are applying for is not your partner, you do not need to give details of your own financial situation.

If the case relates to property and affairs, do not include the income of the fee payer’s partner (if they have one).

Choose ‘married or living with someone and sharing an income’ if the person is:

• married
• in a civil partnership
• living together as if married or in a civil partnership
• living at the same address with a joint income

Choose ‘single’ if the person is relying on their own income.

4. What does the application relate to (question 4)

You need to tell us whether your Court of Protection case is to do with health and personal welfare, or the property and affairs of a vulnerable person.

If the case concerns property and affairs, the information provided in questions 6 to 11 should be based on the circumstances of the person the application relates to.

You should not tick both boxes. If you do, your application will be returned.

5. Case number (question 5)

The Court of Protection creates a reference number for every case.

If you have already made an application, then you’ll find the reference number on letters from the Court of Protection.

If you do not have a reference number (this might be because the case hasn’t started yet) leave this question blank.

6. If the fee has already been paid (question 6)

You can apply to get some or all of the fee back within 3 months of the final order being issued by the Court of Protection if you think the fee payer would have been entitled to a reduced fee at the time the fee was paid.

If you’re applying for a refund, answer questions 6 to 11 with information about financial circumstances at the time the fee was paid. With your application, you should also include:

• proof of payment of the fee
• evidence of your benefit status at the time the fee was paid (for example a letter from the job centre)
• evidence of your income at the time the fee was paid

See the income section for the documents you need to provide.

7. Savings and investments (questions 7 and 8)

Depending on the type of case, start by adding up the savings and investments of the person the application relates to.

If the case relates to health and personal welfare and you have a partner, remember to include their savings too. If the case relates to property and affairs, do not include the income of the fee payer’s partner (if they have one).

See information about your status if you’re not sure whether to include a partner’s savings.

What to include in savings and investments:

• money in ISAs and any other savings accounts
• joint savings accounts that are shared with a partner
• fixed rate or investment bonds
• any lump sum (a redundancy payout for example)
• stocks and shares (including cryptocurrency)
• trust funds (or any other kind of fund)
• Child Trust Fund or Junior ISA which has matured and may have been converted into a similar or equivalent account due to the account holder reaching 18 years old
• second homes
• any money or property outside the UK

In property and affairs cases, if the person the application relates to has restricted access to savings you should also subtract any debt held.

Do not include

Do not include any of the following in your savings total:

• wages or benefits
• personal pensions
• capital value of self-employed businesses
• student loans
• unfair dismissal awards or settlements of unfair dismissal claims
• money from the criminal injury compensation scheme
• medical negligence or personal injury awards
• any compensation under a statutory scheme in respect of Mesothelioma
• Child Trust Fund or Junior ISA if the account holder is not already 18 years of age
• the Armed Forces Compensation Scheme
• compensation as a result of the Grenfell Tower fire
• the Windrush Compensation Scheme (Expenditure) Act 2020
• the Lambeth Children’s Homes Redress Scheme
• the London Emergencies Trust
• the Medomsley Detention Centre Physical Abuse Settlement Scheme
• the Miscarriage of Justice Compensation Scheme
• the National Emergencies Trust
• the Infected Blood Support Schemes
• compensation relating to interment, forced labour, injury, or loss of a child during the Second World War
• the Jesus Fellowship Redress Scheme
• Vaccine Damage Payment compensation
• compensation as a result of Variant Creutzfeldt-Jakob Disease
• the Victim of Overseas Terrorism Compensation Scheme
• the We Love Manchester Emergency Fund

If you (in health and personal welfare cases) or the person the application is about (in property and affairs cases) have less than £4,250 in savings, you’ll be able to get help with your fee, as long as you receive certain benefits (see below) and are on a low income.

If you, or they, hold more than £4,250 in savings it is unlikely that we’ll be able to help with the fee.

If you (in health and personal welfare cases) or the person the application is about (in property and affairs cases) are aged 66 or over and holds £16,000 or less in savings, you may be able to get help with the fee.

9. Benefits (question 9)

We can help with a Court of Protection fee in health and personal welfare cases if you have less than £4,250 in savings or investments and receive one of these benefits:

• income based Jobseeker’s Allowance (JSA)
• income related Employment and Support Allowance (ESA)
• income support
• universal credit (and you’re earning less than £6,000 a year)
• pension credit (guarantee credit)

We’ll contact the Department for Work and Pensions to confirm you, or the person the application is about, are (or were at the time of your application) getting one of these benefits. We may also contact you if we need to see additional evidence.

If benefits have only recently started being received (for example, in the last few days), our staff may not be able to confirm eligibility with the Department for Work and Pensions. In this case you should provide a letter from the job centre.

10. Financially dependent children (question 10)

You need to give details of any children that are supported financially. This includes children who are:

• aged under 16 and living at home
• aged between 16 to 19, living at home, and in full-time education (not including studying for a degree or other higher education qualification) - see child tax credit when your child reaches 16
• a child who does not live with you, but you (or your partner) pay regular maintenance for them

11. Total monthly income (question 11)

Write down how much money is received every month before any tax or National Insurance payments have been taken off.

What to include as income:

• gross wages (that is before any tax or National Insurance payments have been taken off)
• your net profits if you are self-employed
• Child Benefit
• Working Tax Credit
• Child Tax Credit
• maintenance payments
• contribution-based Jobseekers Allowance (JSA)
• contribution-based Employment and Support Allowance (ESA)
• Universal Credit
• pensions (state, work, private, and savings element of pensions credit)
• rent from anyone living with you and other properties that you own
• cash gifts (including all one-off payments)
• loans
• financial support from others
• other income – for example, from online selling, dividends or interest payments

11.1 Where to find information about your income

Wages

Monthly total (before tax and national insurance payments) should be on payslips.

If paid weekly, multiply the weekly pay by 52, then divide it by 12. This will give you a monthly total.

If self-employed and earning a different amount each month, divide the gross yearly income from the last financial year by 12. Use this figure as the monthly total.

Child benefit, working tax credit and child tax credit

You can usually find the monthly amount on the last page of letters from HM Revenue and Customs (HMRC) confirming receipt of benefit, working tax credit or child tax credit.

Contribution based Jobseeker’s Allowance (JSA), contribution based Employment and Support Allowance (ESA), and universal credit.

You can usually find the monthly amount on the letter from the Department for Work and Pensions (DWP) confirming receipt of the benefit. Only include universal credit as income if you are earning more than £6,000 a year.

Pensions

The monthly pension amount should be on pension statements.

Prisoner income and expenditure statement

You can find the monthly income amount on a prisoner income and expenditure statement if you’re a prisoner.

Include your partner’s income

If the case relates to health and personal welfare and you have a partner, remember to include any money they receive too. See information about your status if you’re not sure whether to include your partner’s income.

Other monthly income

If money is received from somewhere else (that’s not one of the benefits listed above or in question 8), you can enter it in the last row of the table about income, where it says ‘Other monthly income’.

For people who live outside the UK

Convert the monthly income total into pounds sterling (GBP) using the current exchange rate. Our staff will allow for small changes in the exchange rate from when you complete the application to the date it is assessed.

Do not include

Do not include these benefits as income:

• advance payments made on account under Universal Credit or other legacy benefits
• Armed Forces Independence Payment
• Attendance Allowance
• Bereavement Support Payment
• Carer’s Allowance
• Carer Element of Universal Credit
• Childcare Element of Working Tax Credit
• Childcare Element of Universal Credit
• compensation paid under the Naval, Military, and Air Forces Service Pension Order 2006
• Constant Attendance Allowance
• Disability Living Allowance
• disabled and severely disabled elements of Child Tax Credit
• disabled and severely disabled child elements of Universal Credit
• disabled and severely disabled child elements of Working Tax Credit
• Exceptionally Severe Disablement Allowance
• financial support under an agreement for the foster care of a child
• Housing Benefit
• Housing Credit Element of Pension Credit
• Housing Element of Universal Credit
• Industrial Injuries Disablement Benefit
• Limited Capability for Work Element of Universal Credit
• payments made out of the Social Fund
• payments made to support people in need of social care
• payments out of the Independent Living Funds
• Personal Independence Payment
• Severe Disablement Allowance

How income affects whether you can get help with fees

We can provide help with fees if, depending on the type of case, you or the person the application relates only has a small amount of savings and meets the income criteria.

Single applicants

If you are single, you must have a monthly income less than £1,420 plus £425 for each child aged up to 13, and £710 for each child aged 14 or older.

For example, a single parent with one child aged under 13 must have a monthly income less than £1,845. A single parent with one child aged 14 or older must have a monthly income of £2,130 or less.

If you have a partner

You must have a monthly income less than £2,130 plus £425 for each child you have aged up to 13, and £710 for each child you have aged 14 or older.

For example, if you are part of a couple with one child aged under 13, you must have a monthly income less than £2,555. If you both have one child aged 14 or older, the maximum income is £2,840.

If your monthly income and total amount in savings is less than the maximum amount, you do not have to pay a fee. If you have more savings or earn more than the maximum amount, you may still be able to apply for part of the fees to be paid.

Follow these steps to work out how much money you could get off your fee:

1. Start with your monthly income total and subtract the maximum income. See the single parents or part of a couple section to work out what this would be in your case.
2. Round the figure down to the nearest £10. For example, £428 becomes £420.
3. Divide this amount by 2 to get the amount that has to be paid.

You can use the fee remission calculator EX160C to work out how much money you could get off your fee. You will need to provide a cheque for the amount you’ve calculated and submit it along with your application for help with fees. Cheques should be made payable to HM Courts and Tribunals Service.

Providing evidence of income

If you apply for help with your fee because low income is being received by you or the person the application relates to, you will need to provide evidence to the Court of Protection of gross monthly income from any and all sources for the month before the help with fees application.

The following information explains what type of evidence the court or tribunal needs:

Bank statements

You will need to provide the Court of Protection with the last 3 months’ bank statements. You can provide copies of online bank statements, but these must have the name of the account holder on them.

Paid employment

If you or the person the application relates to is in paid employment, you will need to provide copies of wage slips and information about cash in hand work. These should be the most recent wages slips, but not more than 6 weeks old.

Self-employed

If you or the person the application relates to is self-employed, you will need to provide the most recent tax return (self assessment) and the HMRC self assessment tax calculation.

Pension

If you or the person the application relates to is claiming a state, private or occupational pension, you will need to provide a notification, letter or statement confirming the pension payments.

Other benefits and credits

If you or the person the application relates to is in receipt of the benefits or credits listed in question 11, you will need to provide a benefit or credit entitlement letter confirming how much is being received. The type of benefits and credits that should not be included as income are listed on the do not include section.

Rental income

If you or the person the application relates to, receives rent from other properties or from anyone living with you or them, you will need to provide evidence of the rent being received such as a tenancy agreement.

Other income

If you or the person the application relates to receives any other income, such as stocks, shares or income from any sales on the internet, you will need to provide evidence that shows the amount of income received, how it is received, and how often.

12. Contact details

Provide your full contact details.

13. Signing the form (question 13)

You must sign and date the declaration and statement of truth to confirm all the information you have given is true. If you are found to have been deliberately untruthful or dishonest, criminal proceedings for fraud can be brought against you.

Only the applicant can sign and date the declaration and statement of truth.

Where to send your application

Send your completed form to:

Court of Protection
PO Box 70185
First Avenue House
42 to 49 High Holborn London
WC1A 9JA
DX: 160013 Kingsway 7

What happens next

Our staff will aim to process your application in 5 working days. If your application is successful, you’ll receive court papers in the post.

If your application is unsuccessful, or if you need to provide more information, you’ll be contacted by letter. For example, you may be asked to send evidence of your income.

How to appeal

You can appeal if your application for help with a Court of Protection fee is unsuccessful and you do not agree with the decision.

You need to write to the Court of Protection’s delivery manager by the date stated in your refusal letter (this will usually be about 14 days from when you receive the letter). Say why you are not happy with the decision and include any evidence that will support your appeal.

You will hear from the delivery manager within 10 working days.

If the delivery manager refuses your appeal, you have the right to contact the Court of Protection’s ‘operations manager’ within 14 days from the date your appeal was refused. They will look at your application for an appeal and make a final decision.

If you are likely to experience exceptional hardship

Where you believe that you are not realistically able to afford to pay your court fee, or are facing other exceptional circumstances, you can ask the Court of Protection’s delivery manager to consider reducing or waiving your fee.

The delivery manager will generally only grant your request if you are able to demonstrate that:

• you are not realistically able to afford the fee in practice
• there are other circumstances which justify reducing or waiving the fee

The circumstances of applicants will be considered on a case by case basis.

In considering whether to reduce or waive your fee, the delivery manager will need evidence about your exceptional circumstances, including why you are not able to afford your fee, or why there are other circumstances which justify remission of the fee. You must provide this evidence alongside your application.

The type of evidence that you should provide includes (where relevant):

• notices threatening legal action due to non-payment of bills or housing costs
• details of your income, savings and expenses
• any other relevant information to support your request for an exceptional remission

You will not automatically have your fee reduced or waived because of your status, for example if you’re unemployed, a seasonal or part-time worker, student or prisoner. You will still be asked to provide evidence to support your application.

If the delivery manager does not grant your exceptional fee remission application, then you can appeal this decision to the operations manager. The operations manager will then consider any evidence that you have submitted previously and any further information you submit with your appeal. Once the operations manager has made their final decision we will not be able to consider the matter any further.

What to do in an emergency

If you need a decision sooner than 5 working days, the delivery manager can make a decision about whether you can get help with your fee.

Emergencies include cases involving:

• suspending an eviction
• debtor insolvency petition
• children or vulnerable adults
• domestic violence
• injunctions
• ‘out of hours’ provisions at the Royal Courts of Justice

Useful contacts

Court of Protection

www.gov.uk/courts-tribunals/court-of-protection

Telephone: 0300 456 4600

Find a service near you

Citizens Advice

A charity and network of local charities, offering free, confidential advice online, over the phone, and in person. This includes advice on moving to and staying in the UK, including dealing with visas.

www.citizensadvice.org.uk

Chat online with an advisor Monday to Friday, 9am to 5pm Closed on bank holidays

Telephone: 0800 144 8848 (England) 0800 702 2020 (Wales)
Monday to Friday, 9am to 5pm.

Find a service near you.

HM Courts and Tribunals Service

HM Courts and Tribunals Service is responsible for the administration of criminal, civil and family courts and tribunals in England and Wales.

www.gov.uk/government/organisations/hm-courts-and-tribunals-service

Contact a court or tribunal service

HM Revenue and Customs

The UK’s tax, payments and customs authority.

www.hmrc.gov.uk

Contact HMRC

Telephone the tax credit helpline: 0345 300 3900 (inside the UK) +44 2890 538 192 (outside the UK) Monday to Friday, 8am to 6pm.

Jobcentre Plus

You’re entitled to free help and advice from a Jobcentre Plus adviser if you’re unemployed and looking for work.

www.gov.uk/contact-jobcentre-plus

Contact your local office