Form EX160: help with UK court fees explained

If you're bringing a case to court or tribunal but money is tight, you don't have to abandon your claim because of the fee. Form EX160 is the official way to ask the court to reduce or remove your fee entirely, based on your income and savings.

This page explains how the means test works, who qualifies, what counts as income or capital, and how to apply.

The short version

Form EX160 lets you apply for "Help with Fees" if your income or savings are below certain thresholds. If you're on qualifying benefits (Income Support, JSA Income-Based, ESA Income-Related, Pension Credit Guarantee, or Universal Credit earning under £6,000 a month), the court automatically grants you full remission without needing to fill in a form. Everyone else fills in EX160 with their income and capital figures. The court decides whether you get full remission (no fee), partial remission (reduced fee), or no help.

At a glance

What Form EX160 is (and EX160A)

Form EX160 is the official application for "Help with Fees" from HM Courts & Tribunals Service. You complete it when you cannot afford to pay all or part of a court or tribunal fee. The form asks for your monthly income, savings, property, debts, and dependants.

EX160A is the accompanying guidance booklet. It explains the income and capital tests in detail, shows worked examples, and lists qualifying benefits. You don't submit EX160A. It exists to help you understand and complete EX160 correctly.

You can apply online via the HM Courts & Tribunals website (fastest) or print and post the paper form. Online applications are usually processed within 2 to 4 weeks, sometimes faster if you're on qualifying benefits.

Who can apply

You can apply for help with fees if you're an individual bringing or defending a claim in:

• Civil courts (County Court, High Court)
• Tribunals (Employment Tribunal, First-tier Tribunal, Upper Tribunal, etc.)
• Probate and family courts
• Tribunals that hear appeals

You cannot apply if you're:

• A company, partnership, or business entity (they don't qualify for means-tested fee help)
• Appealing a decision to grant or refuse help with fees (separate procedure)
• Applying for a fee exemption under other rules (e.g. asylum seekers)

The application is personal to you. If you're a joint claimant with a spouse or partner, each of you may apply separately, or one of you can apply on behalf of both.

Disposable capital test

"Disposable capital" means money and property you own, minus debts and commitments.

What counts as capital:

• Savings and bank accounts
• Investments (shares, Premium Bonds, ISAs)
• Property you own (including part-ownership)
• Vehicles (except the first one up to £3,000 value)
• Business assets (if self-employed)
• Lump sums and inheritance
• Money owed to you that you could claim

What doesn't count:

• Your main home (the property you live in)
• Tools and equipment needed for work (up to £1,000 value)
• Certain disability-related assets
• Child trust funds (in your child's name, not yours)

The thresholds:

If your disposable capital is below £3,000, the capital test is passed (no further reduction for having savings).

If your disposable capital is £3,000 to £16,000, you fail the capital test but may still get partial help. However, the amount you must pay increases by £1 for every £500 of capital above £3,000 (rounded up). So if you have £8,000 in savings, you'd pay extra to cover the £5,000 above the lower threshold.

If you're over 60, the capital threshold rises to £16,000 before any penalty applies.

If your disposable capital is above £16,000 (or above £3,000 if you're under 60 and it pushes you far above the threshold), you fail the means test and don't qualify for help.

Income test

The income test looks at your monthly gross income before tax and National Insurance.

What counts as income:

• Salary and wages (before tax)
• Self-employment profit (after allowable expenses, but before tax)
• State benefits (all kinds: JSA, ESA, Child Benefit, etc.)
• Pensions
• Child maintenance and spousal support
• Rent from letting a property
• Interest from savings
• Most social security payments

Partner and dependants: If you're married, in a civil partnership, or living together as partners, your partner's income is included in the test. If you have dependants (children or adults you support), each dependant reduces the threshold by about £285 per month.

Full remission income thresholds (approximate):

Single person: £1,085 per month gross Couple (both incomes counted): £1,695 per month Each dependant: reduces the threshold by roughly £285 to £290

So a couple with one child would have a full remission threshold around £1,695 - £285 = £1,410. If their combined monthly income is below this, and capital is under £3,000, they get full remission (fee removed entirely).

Partial remission:

If your income is above the full remission threshold but below the partial threshold (roughly £1,900 for single; £2,500 for couple), you may qualify for partial remission. The court calculates how much help to give based on how far above the threshold you are. You'll still pay something, but less than the full fee.

Qualifying benefits

If you're receiving any of these benefits, you automatically qualify for full remission without filling in a form:

• Income Support
• Job Seeker's Allowance (Income-Based)
• Employment and Support Allowance (Income-Related)
• Pension Credit (Guarantee Credit)
• Universal Credit (earning below £6,000 a month)

Important: You still need to tell the court which benefit you're on. When you apply (online or on paper), you'll be asked to confirm your benefit status. The court may verify this with the Department for Work and Pensions. You don't need to provide evidence, but you must tell the truth.

If you're getting Universal Credit, the test is whether your monthly earnings (not total UC payment) are below £6,000. This catches more people than the old income-based jobseeking and employment support allowances.

If you're getting other benefits (Housing Benefit, Child Tax Credit, Child Benefit, Disability Living Allowance, Personal Independence Payment), you don't automatically qualify. You'll need to apply normally with Form EX160 and let your overall income and capital be assessed.

Full vs partial remission

Full remission means you pay no fee. The court removes it entirely. This happens if:

• You're on a qualifying benefit, OR
• Your monthly income is at or below the threshold AND your disposable capital is under £3,000 (or under £16,000 if over 60)

Partial remission means you pay a reduced fee. The court calculates how much you can afford based on your income and capital. Typically you might pay 25%, 50%, or 75% of the full fee. This happens if:

• Your income is above the full remission threshold but within the partial range, AND
• Your capital is between £3,000 and £16,000 (or between £16,000 and £24,000 if over 60)

The partial fee is still substantial enough to pay for court administration, but lower than you'd pay at full cost.

No remission happens if your income and capital both exceed the thresholds. You pay the full fee.

How to apply

Online (recommended):

1. Go to https://www.gov.uk/get-help-with-court-fees
2. Click "Apply for help with fees online"
3. Create an account or log in
4. Fill in your income, capital, dependants, and benefit status
5. Upload evidence (payslip, bank statement, benefit letter)
6. Submit

Online applications are processed faster and you can check the status of your application anytime.

By post:

1. Download Form EX160 and EX160A from the Courts website
2. Print and complete the form by hand (legible) or typewriter
3. Gather evidence (see below)
4. Post to your local court

Postal applications take longer and you don't get automatic status updates.

Evidence required:

The court asks for proof of your income and capital. What you send depends on your situation:

• Employed: last 2 payslips (or 1 recent payslip if you've been in the job more than 3 months)
• Self-employed: last year's accounts or tax return, plus last 3 months' business bank statements
• On benefits: benefit award letter or current benefits statement
• Savings: most recent bank statement (covering all accounts) or building society book
• Property: Land Registry title documents or property valuation
• Pensions: annual statement if receiving pension income

You don't need to send originals. Photocopies or scans are fine. Don't send documents older than 3 months unless there's a good reason (e.g. benefit award covers 12 months).

When to apply

Apply before you pay the fee. If the court grants help, you won't have to pay. If you apply after paying, you can request a refund (see below), but it's easier to apply first.

If you apply online, decisions are often made within 2 weeks. If you're on a qualifying benefit, the decision is usually instant.

Can you proceed without paying while waiting? No. You can't lodge documents or start the case until the fee is paid or help is approved. So apply early. If there's a tight deadline and you can't wait 2 weeks, you may need to pay in full, then ask for a refund later.

What happens if approved

Once the court approves your application:

• Full remission: Your fee is removed. You don't pay anything. The court proceeds with your case at no cost to you.
• Partial remission: You're sent a reduced fee demand. You pay the lower amount. The case then proceeds.

The court will write to you confirming the decision. If partial remission is granted but you believe you cannot afford even that reduced amount, you can ask the court to reconsider. For instance, if your circumstances have changed since you applied, explain this in your request.

Refunds

If you already paid the full fee and then apply for help with fees, the court can refund the excess. For example, if the full fee was £500, you paid it, and then you're granted partial remission (75% help), the court would refund you £375.

To claim a refund:

1. Apply for help with fees in the normal way (online or Form EX160)
2. In the application, explain that you've already paid
3. Provide proof of payment (receipt, bank statement)
4. The court will decide if you qualify and calculate any refund due

Refunds are processed with your application, typically within 2 to 4 weeks. The refund goes back to the bank account or card you paid from.

Time limit: There's no strict time limit for claiming a refund, but don't delay. Courts assume if you paid in full, you could afford it. Apply soon after your circumstances change.

Common mistakes

1. Not applying before paying. If you think you qualify, apply before submitting the fee. Waiting until after you've paid makes the process longer.

2. Forgetting to include partner's income. If you're married or living as partners, both incomes count. Hiding this is fraud and can result in prosecution.

3. Underestimating capital. People often forget vehicles, inheritances, or money in savings accounts they rarely use. List everything.

4. Submitting out-of-date evidence. Payslips and bank statements older than 3 months may be rejected. Get recent documents.

5. Not declaring you're on benefits. If you're on a qualifying benefit, declare it. The court will check. Lying is fraud.

6. Assuming you don't qualify. Many people who could get help never apply. Use the calculator on the government website to check your eligibility.

7. Not following up. If your application goes unanswered after 4 weeks, contact the court in writing to check status.

Day to day

If you're on a qualifying benefit and apply online, the decision can come within 24 hours. If you post a paper form with incomplete evidence, the court may ask for more documents, adding 2 to 3 weeks to the process.

Common misconceptions

"If I apply, the judge will judge me harshly." False. Judges don't know whether you received help with fees unless you mention it. Help with fees is about access to justice, not a mark against you. The court administers the scheme separately from case decisions.

"Help with fees is only for unemployed people." False. Many working people qualify, especially if they have dependants or low wages. The thresholds are set to cover essential living costs, so people on modest incomes often qualify for partial help.

"I have to declare everything to the court." You declare everything on your help with fees application. You don't declare it in open court. The application is confidential. The judge and public won't see your financial details.

"I can appeal a help with fees refusal." Partially true. You can ask the court to reconsider if your circumstances have changed. But you can't appeal the decision to a higher court in the same way you'd appeal a judgment. The test is the same every time you ask.

"If I get partial remission, I can pay later." No. You must pay the reduced fee before you proceed with your case, or get a payment arrangement with the court. Having fee help doesn't let you defer payment.

"Once I'm granted help, I'm covered for all future fees in my case." Not always. Help with fees covers the issue fee. If you later pay an application fee, allocation fee, or trial fee, you'd need to reapply for each one (though if nothing has changed, the court usually grants help again quickly).

Related concepts

• Form N1: starting a court claim: The document you file in the County Court along with your fee
• Litigants in person: representing yourself: Managing your own case without a solicitor, where fee help becomes even more important
• Fee exemptions and waivers: Other ways the court may reduce or remove a fee
• Small claims track: Cheaper track for claims under £10,000; fee may already be lower
• Cost orders and recoverable costs: How costs flow between winner and loser; help with fees doesn't affect this
• Tribunal fees and support: Specific information for appeal tribunals and first-tier tribunals
• Housing Benefit, Tax Credits, and means-tested support: Other benefits schemes that interlock with help with fees income thresholds
• Hardship provisions: If you still can't afford a reduced fee even with partial remission

Sources

• Get help with court and tribunal fees, GOV.UK
• Help with fees: detailed guidance, GOV.UK
• How to apply for help with court fees, Citizens Advice
• HM Courts & Tribunals Service, Form EX160 and EX160A guidance (downloadable from GOV.UK)

Disclaimer: This page provides information about UK Form EX160 and help with court fees. It is not legal advice. Rules change, thresholds are updated annually, and circumstances vary widely. For advice on your own case, speak to a solicitor, legal adviser, or organisation such as Citizens Advice or Law Centres.

Written by Peter Kolomiets, founder of CaseCalm. UK court fee information reviewed 2026-05-28.