Help with Fees (EX160): County Court Fee Remission Explained
Court fees for a small claim can run from £35 to £455 just to get the claim issued, plus a hearing fee on top if the case goes to trial. That is a real barrier when the whole point of suing is that you need money you are owed. The Help with Fees scheme — applied for on form EX160 — can reduce or wipe out those fees entirely.
Who qualifies for Help with Fees
The scheme is governed by the Courts and Tribunals Fee Remissions Order 2013. Eligibility works as a three-stage test, and you only need to pass through the stages in order until you qualify.
Stage 1: Capital and savings
Your disposable savings and investments (excluding your home, pension and certain disability-related funds) must not exceed these thresholds:
- Court fee up to £1,420 — savings must not exceed £4,250
- Court fee £1,421 to £5,000 — savings must not exceed three times the fee amount
- Court fee over £5,000 — savings must not exceed £16,000
- Applicant or partner aged 66+ — the limit is £16,000 regardless of fee size
If your savings exceed these caps, you cannot get a remission even if your income is low.
Stage 2: Passporting benefits
You pass the income test automatically if you receive any of these:
- Income-based Jobseeker's Allowance (JSA)
- Income-related Employment and Support Allowance (ESA)
- Income Support
- Pension Credit (Guarantee Credit)
- Universal Credit with gross earnings under £6,000 per year
Stage 3: Gross monthly income
If you are not on a passporting benefit, full remission requires gross monthly income at or below:
- Single applicant — £1,420 per month
- Couple — £2,130 per month
- Per child aged 13 or under — add £425
- Per child aged 14 or over — add £710
If your income is above the full-remission threshold but still relatively low, you may get a partial remission — you pay a contribution and the scheme covers the rest.
How to apply
You can apply online at the HMCTS Help with Fees service or submit a paper EX160 form. For an ordinary upfront application, apply before paying the court fee. If you have already paid, you may apply retrospectively within three months if you met the eligibility criteria on the payment date.
When you apply, you receive a six-character HWF reference number (formatted HWF-XXX-XXX). Enter that reference on your claim form (paper N1 or the OCMC online portal) in the "Help with Fees" field. The court checks your eligibility before issuing the claim.
Can you apply after paying?
Yes, but only within three months of the date you paid the fee, and only if you met the eligibility criteria on the day the fee was paid. The court refunds the fee if your retrospective application succeeds.
What fees can be remitted
Help with Fees may cover eligible court or tribunal fees, including the issue fee, a hearing fee, specified application fees (a general application on notice is £313; by consent or without notice it is £123), and enforcement fees. You need a separate HWF reference for each individual fee — one application does not cover all fees in the same case.
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Common mistakes
Forgetting to apply before filing — If you pay the issue fee online and then realise you might have qualified, you have three months to apply retrospectively, but it is simpler to check first.
Counting pension savings as disposable capital — Workplace pensions and state pensions are excluded from the capital test. Only liquid savings, investments and readily accessible funds count.
Joint applicants missing the couple threshold — If you have a partner, the court counts your combined income and savings, even if the claim is in your name alone.
Paying the fee if you do not qualify
If you earn too much for remission, the OCMC portal accepts debit or credit card payment. Paper filings to the Civil National Business Centre accept cheques made payable to "HM Courts & Tribunals Service" or card payment by phone — call the number on the fee notice.
The County Court Money Claim Guide includes the complete EX50 fee table alongside an EX160 eligibility walkthrough, so you can calculate your total outlay before you file.
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