Understanding Fee Waivers and Help With Fees (HWF)
Fee waivers and Help With Fees (HWF) are vital parts of the UK court system, designed to make sure that everyone has fair access to justice, regardless of their financial situation. Court fees can be a significant barrier for many people, especially if you are on a low income or facing financial hardship. The HWF scheme exists to ensure that financial difficulties are not a reason for someone to be denied their legal rights.
What are fee waivers and Help With Fees (HWF)?
A fee waiver, or reduction, means you do not have to pay some or all of the court or tribunal fees required to start or continue a case. The Help With Fees (HWF) scheme is the main way to access this support in England and Wales. It is available to individuals who have little or no savings, are on certain benefits, or have a low income. This assistance can be crucial if you are considering legal action but are worried about the cost.
Why is financial assistance for court fees important?
The principle behind fee waivers is that justice should be available to everyone, not just those who can afford it. Without financial help, some people might be forced to abandon important legal claims or defences. By offering financial assistance for court fees, the legal system aims to remove barriers and ensure that everyone has the opportunity to resolve disputes or protect their rights.
What types of fees can be waived or reduced?
Fee waivers or reductions can apply to a range of costs, including:
- Starting a claim in the civil or family courts
- Making an application during an ongoing case
- Appealing a court or tribunal decision
- Some enforcement actions, such as applying for a warrant
Not all court-related costs are covered, but the most common and significant fees can be reduced or removed through the HWF scheme.
Who can get help, and how do you apply?
Eligibility for a fee waiver depends on your financial circumstances. You may qualify if you receive certain income-related benefits, have a low income, or limited savings. The application process involves providing evidence of your income, savings, and any benefits you receive. Details of who qualifies and how to apply are explained further on this page, so you can find out if you are eligible and what steps to take next.
For a detailed guide on the process, including the specific benefits and income thresholds, visit the official Help With Fees (HWF) page. This resource explains how to apply, what documents you’ll need, and what to expect after submitting your application.
Remember, financial difficulties should never prevent you from seeking justice. If you think you might struggle to pay court or tribunal fees, explore your options and get the support you need.
Who Can Get Help With Fees?
If you are struggling to pay court or tribunal fees, you may be able to get help through a fee waiver or the government’s Help With Fees (HWF) scheme. Eligibility for this support is mainly based on your financial situation, but other factors can also play a role.
Financial Means: Income, Benefits, and Savings
To qualify for Help With Fees (HWF), you will need to show that you have limited financial resources. The main criteria considered are:
- Income: Your monthly income must be below a certain threshold, which varies depending on your household size and circumstances. This includes wages, pensions, and any other regular payments.
- Benefits: If you receive certain means-tested benefits – such as Universal Credit, Income Support, income-based Jobseeker’s Allowance (JSA), income-related Employment and Support Allowance (ESA), or Pension Credit (Guarantee Credit) – you may automatically qualify for help with fees.
- Savings and Capital: There is also a savings limit. Generally, if you have more than £3,000 in savings (or £16,000 if you are over 61), you may not be eligible for HWF. The exact amount can depend on the type of case and your age.
You can find more detailed information about these criteria and how to apply on the Help With Fees (HWF) page.
Who Can Apply?
- Individuals: Most people who apply for fee waivers or HWF are individuals involved in court or tribunal cases, such as divorce, child arrangements, or civil claims.
- Organisations: In some limited situations, certain not-for-profit organisations or charities may also be eligible for help with fees, particularly if they are acting on behalf of someone who qualifies.
Assessment by the Court or Tribunal
Your eligibility for a fee waiver or reduction is always assessed by the court or tribunal handling your case. They will review your application and supporting documents, such as proof of income, benefits, and savings. It is important to provide accurate and up-to-date information to avoid delays or a refusal.
Practical Example
For example, if you are applying for a divorce and your only income is Universal Credit, you are likely to qualify for a full fee waiver. If you work part-time and your monthly income is low, you may still be eligible for a reduction in court fees.
Next Steps
If you think you might qualify, it is worth exploring the available financial assistance options for court fees. For a step-by-step guide and to check your eligibility in detail, visit the Help With Fees (HWF) page.
For more guidance on how courts and tribunals assess applications, see this overview of how the court or tribunal system works with fee waivers.
Remember, getting help with court fees is designed to ensure that financial difficulties do not prevent you from accessing justice. If you are unsure about your eligibility, you can use the government’s online eligibility checker or seek advice before applying.
What Types of Fees Can Be Helped With?
When you apply for a fee waiver or reduction through the Help With Fees (HWF) scheme, it’s important to understand which types of costs you may get help with. The scheme is designed to make sure that financial barriers do not prevent people from accessing the courts or tribunals.
Common Fees That May Be Waived or Reduced
1. Court Application Fees:
These are the fees you pay to start a case or submit certain documents to the court. For example, if you want to begin a civil claim (such as for debt recovery), file for divorce, or apply for a court order in a family case, you will usually need to pay an application fee. In many situations, you may be able to get help with court application fees if you meet the eligibility criteria.
2. Hearing Fees:
Some cases require you to pay a fee for the court hearing itself, especially if your case goes to trial or a final hearing. The HWF scheme can cover or reduce these fees, depending on your financial situation.
3. Enforcement Fees:
If you win a case and need the court’s help to enforce a judgment (for example, by sending bailiffs to recover money owed), there are usually additional fees. HWF can also apply to these enforcement-related costs.
Types of Cases Covered
The Help With Fees scheme can assist with fees for a wide range of cases, including:
- Civil cases: Such as money claims, possession proceedings, or injunctions.
- Family cases: Including divorce, child arrangements, or non-molestation orders.
- Tribunal cases: For example, employment or immigration tribunals often have their own fees, which may be eligible for help.
Costs Not Covered by HWF
It’s important to note that some costs are not covered by the Help With Fees scheme. The main example is the cost of legal representation or advice – HWF only helps with court and tribunal fees, not solicitor or barrister fees. Other expenses, such as travel to court, photocopying, or expert witness fees, are also usually not included.
Other Court-Related Charges
In some circumstances, HWF may also help with certain other charges linked to court proceedings, such as:
- Fees for making copies of court documents
- Fees for issuing a warrant of control or other enforcement actions
However, always check the specific fee schedule for your case type to see which charges are eligible.
For more detailed information on the types of fees that can be waived or reduced, and whether your particular situation is covered, visit the court application fees guidance provided by Advicenow.
If you are unsure whether a specific fee is covered by the Help With Fees scheme, it is a good idea to check the official government guidance or seek advice before making your application. This can help you avoid delays and ensure you receive the support you are entitled to.
How to Apply for Help With Fees
Applying for help with fees is a straightforward process designed to ensure that financial hardship does not prevent anyone from accessing the courts or tribunals. Here’s what you need to know about making an application for a fee waiver or Help With Fees (HWF).
Step-by-Step Application Process
To get started, you will need to complete an application form for Help With Fees. This form asks for details about your financial situation, including your income, savings, and any benefits you receive. You can find full instructions in the official government guidance on Help With Fees (HWF).
When to Apply:
It is important to apply for help with fees as early as possible – ideally at the same time as you begin your court or tribunal claim. Applying early helps to avoid delays, as your case cannot proceed until the correct fee is paid or a waiver is granted.
Information and Documents You’ll Need
When completing your application, you will typically need to provide:
- Proof of your income (such as payslips, bank statements, or benefit award letters)
- Details of any benefits you receive (for example, Universal Credit, Income Support, or Pension Credit)
- Evidence of your savings and investments
You may also need to provide your National Insurance number and details of anyone who depends on you financially.
Where and How to Apply
You can apply for help with fees online or by submitting a paper form to the court or tribunal handling your case. If you apply online, you will receive a reference number (HWF-XXX-XXX) to include with your main court or tribunal application. For more information about the process, including where to send your application, see how to apply for help with court fees.
Decision Process and What Happens Next
Once you have submitted your application, the court or tribunal will review your information to decide if you qualify for a full or partial fee waiver. Decisions are based on the rules set out in the Court and Tribunal Fees (Fees) Order 2008, which outlines who is eligible for assistance and under what circumstances.
If Your Application Is Approved:
You will either pay a reduced fee or have the fee waived entirely. This allows your case to move forward without delay.
If Your Application Is Refused:
You will receive a decision letter explaining why your application was unsuccessful. If you believe the decision is incorrect, you may be able to request a review or submit further evidence to support your claim.
Practical Tips
- Double-check all information and documents before submitting your application to avoid unnecessary delays.
- If you are unsure about your eligibility, review the detailed guidance on Help With Fees (HWF).
- Remember, you must apply for help with fees before you pay the court or tribunal fee, or at the same time as your main application.
For more details on the types of fees you might need to pay and how the process works, see the Court and Tribunal Fees (Fees) Order 2008. This will help you understand your options and ensure you follow the correct steps to secure the financial support you need.
What Happens After You Get Help With Fees?
When your application for Help With Fees (HWF) is approved, the court or tribunal will either waive your fees entirely or reduce them, depending on your financial situation. This means you can continue with your case without paying some or all of the usual court or tribunal fees upfront. However, it is important to understand what this means for your ongoing case and your responsibilities after receiving help.
How Fee Waivers or Reductions Affect Your Case
Once your HWF application is successful, the court will process your claim, application, or appeal as normal. You do not need to pay the covered fees at this stage, which ensures that lack of funds does not prevent you from accessing justice. However, the fee waiver or reduction only applies to the specific fees and stages of the case that were included in your application. If your case progresses and you need to pay additional fees (for example, for further hearings, applications, or enforcement actions), you may need to apply for HWF again for those new fees.
Your Ongoing Responsibilities
After you have received help with fees, you have a legal duty to inform the court or tribunal if your financial circumstances change. This includes situations where your income increases, you receive a lump sum of money, or your benefits change. The rules are set out in the Civil Proceedings Fees (Amendment) Order 2013 and related guidance. Failing to report changes could mean you are required to pay back the fees that were waived or reduced.
If your circumstances improve and you are no longer eligible for HWF, you must tell the court or tribunal as soon as possible. You may be asked to pay some or all of the fees that were previously waived if your eligibility changes.
Fees You May Still Need to Pay
Help With Fees does not always cover every fee associated with your case. For example, if you make new applications, submit additional claims, or your case moves to a different stage, new fees may become payable. Each time this happens, you may need to submit a new HWF application. It is important to check which fees are covered and plan ahead for any possible costs.
What to Do if Your Circumstances Change
If your financial situation improves, or if you start receiving income or benefits that affect your eligibility, contact the court or tribunal office handling your case immediately. They will advise you on whether your HWF status needs to be reconsidered and what steps you need to take. If you are unsure about your obligations, you can find more information and guidance on the Help With Fees (HWF) page.
Remember, providing accurate and updated information helps ensure the fairness of the system and avoids any risk of having to repay fees later on.
For full details about what happens after you get help with fees, your responsibilities, and how to manage changes in your circumstances, visit the official Help With Fees (HWF) guidance.
Other Financial Support and Related Help
If you’re struggling to pay court fees, you might also be experiencing wider financial difficulties. In addition to the Help With Fees (HWF) scheme, there are other forms of financial support that can help ease the pressure during a legal case.
Help with Debt and Rent Arrears
Many people facing court fees are also dealing with debt or rent arrears. If you receive Universal Credit, you may be entitled to extra support to help manage these issues. For example, you could get assistance with budgeting, negotiating with creditors, or arranging payment plans for overdue rent. For more detailed guidance on what help is available, see our page on help with debt and rent arrears on Universal Credit.
Universal Credit is designed to support people on a low income or out of work, and it can include additional elements to cover housing costs. If you’re already claiming Universal Credit or think you may be eligible, it’s worth checking what extra support you can access for your financial situation.
Housing Support Options
Legal problems and financial hardship often go hand in hand with difficulties paying for housing. If you’re struggling to pay your rent or at risk of losing your home, there are services that can help. For a clear overview of your rights and the types of help available, explore our guide to housing support options. This includes information on legal protections against eviction, help with housing costs, and advice on dealing with your landlord.
How These Supports Work Together
Fee waivers and HWF can reduce or remove the immediate cost of court fees, but they don’t cover all living expenses or debts. By combining HWF with support for debt, rent arrears, and housing, you can better manage your overall finances. For example, if you’re granted a fee waiver but still worried about rent payments, using both HWF and Universal Credit support may help you stay on top of bills and avoid further legal or financial problems.
If you’re unsure which support you qualify for, it’s a good idea to seek advice early. Making use of all available financial help can reduce stress and allow you to focus on resolving your legal case. For further details on Universal Credit, including eligibility and how to apply, visit the official Universal Credit – GOV.UK website.
Related Topics to Explore
Related Topics to Explore
Understanding fee waivers is just one part of managing the costs involved in legal proceedings. If you’re looking for more ways to handle court expenses or want to know what happens after you apply for help with fees, exploring related topics can give you a more complete picture of your options and rights.
1. Court Costs, Fees and Funding
Start with a broader overview by learning about court costs. This resource explains the different types of fees you might encounter, as well as various forms of financial assistance available to help with legal expenses. It’s a useful foundation for anyone considering legal action or responding to a claim.
2. Court Fees
Understanding exactly what court fees are, how much they might be, and when they need to be paid is crucial. This topic provides detailed information about the fees charged for different types of cases, including civil, family, and tribunal proceedings. Knowing the likely costs upfront can help you plan and decide whether you need to apply for a fee waiver.
3. Options for Funding Your Case
If you are not eligible for Help With Fees or need additional support, consider exploring options for funding your case. This can include legal aid, conditional fee agreements (sometimes called "no win, no fee"), and other sources of financial support. Understanding these options can help ensure you do not miss out on justice due to lack of funds.
4. Recovering Costs from Another Party
In some cases, if you win your case, you may be able to recover some or all of your legal costs from the other party. The process of recovering costs from another party is especially important if you’ve had to pay court fees or other expenses up front. This topic explains when and how you can claim these costs, and what factors the court will consider.
5. Cost Orders
A cost order is a decision by the court about who should pay the legal costs in a case. Understanding how cost orders work can help you anticipate your financial responsibilities, whether you win or lose. For more on how cost orders are handled in small claims cases, you can also read about cost orders at a small claims hearing and how to prepare for it.
6. Child Maintenance and Court Fees
If your legal issue involves family matters, such as maintenance for adult or disabled children, you may have specific questions about child maintenance and court fees. This guide explains the financial aspects of seeking or paying maintenance, including how court fees might apply and what help is available.
Exploring these related topics can give you a clearer understanding of the full range of support and strategies available for managing court costs. Whether you are applying for a fee waiver, considering other funding options, or seeking to recover costs after your case, these resources will help you make informed decisions and better navigate the legal system.
