The Family Proceedings Fees (Amendment) Order 2004

Made4th August 2004

Laid before Parliament9th August 2004

Coming into force31st August 2004

The Lord Chancellor, in exercise of the powers conferred upon him by section 41 of the Matrimonial and Family Proceedings Act 19841, with the concurrence of the Treasury, makes the following Order.

1.

This Order may be cited as the Family Proceedings Fees (Amendment) Order 2004 and shall come into force on 31st August 2004.

2.

In article 4(2)(b) of the Family Proceedings Fees Order 19992—

(a)

for sub-paragraph (i) substitute—

“(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 married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 20023) which includes the party; or” and

(b)

for “£14,213” substitute “£14,600”.

Falconer of Thoroton, C

Date 25th July 2004

We concur

John Heppell

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

Date 4th August 2004

(This note is not part of the Order)

This Order amends article 4(2)(b) of the Family Proceedings Fees Order 1999 (S.I. 1999/690), which provides that working tax benefit is a qualifying benefit leading to exemption from court fees, as long as either child tax credit is being paid or there is a disability or severe disability element, and the gross annual income for the purposes of the working tax credit is below a given threshold. The amendments made by this Order:

(a)

provide that the child tax credit need not be received by the party seeking exemption from court fees, as long as it is being paid in respect of a claim for child tax credit made jointly by the party and his spouse or partner; and

(b)

increase the income threshold from £14,213 to £14,600.