Exemption of certain persons from fees4.

(1)

A fee provided for by this Order is not payable by a person if paragraph (2) or (3) applies.

(2)

This paragraph applies where the person is a debtor in connection with any proceedings under the Debtors (Scotland) Act 19874.

(3)

This paragraph applies where—

(a)

the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 19925;

(b)

the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 19956;

(c)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 20127;

(d)

the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 19868 in respect of the matter in the Table of Fees in connection with which the fee is payable;

(e)

the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application;

(f)

the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency;

(g)

the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 20029;

(h)

the person or the person’s partner is in receipt of working tax credit, provided that—

(i)

child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 200210) which includes the party; or

(ii)

there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £16,642 or less; or

(i)

the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 200711.