Exemption of certain persons from fees3.

(1)

A fee provided for by this Order is not payable by a person if—

(a)

the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 19922;

(b)

the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 19953;

(c)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 20124;

(d)

the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 19865 in respect of the matter in the Table of Fees in Schedule 1, 2 or 3 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 Schedule 1, 2 or 3 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 20026;

(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 20027) 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 20078.

(2)

This article does not apply to the fees payable for matter 4 in the Table of Fees in Schedule 1, 2 or 3 (petition for removal of disqualification from driving).

(3)

In this article “partner” means a person to whom a person is married or with whom the person is registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 20049.