The Supreme Court Fees Order 2024

Interpretation

1.—(1) In this Schedule—

“child” means a person—

(a)

whose main residence is with a party and who is aged—

(i)

under 16 years; or

(ii)

16 to 19 years; and is—

(aa)

not married or in a civil partnership; and

(bb)

enrolled or accepted in full-time education that is not advanced education, or approved training; or

(b)

in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

(c)

and “full-time education”, “advanced education” and “approved training” have the meaning given by regulation 1(3) of the Child Benefit (General) Regulations 2006(1);

“child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991(2);

“couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002(3);

“disposable capital” has the meaning given in paragraph 4;

“excluded benefits” means—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992(4) or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5)—

(i)

attendance allowance;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

any payment made out of the social fund;

(vi)

any payment from the industrial injuries disablement benefit;

(b)

any of the following benefits payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element, disabled element or severely disabled element of the working tax credit;

(c)

any direct payment made under—

(i)

the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009(6),

(ii)

the Social Services and Well-being (Wales) Act 2014(7),

(iii)

the Carers and Direct Payments Act (Northern Ireland) 2002(8),

(iv)

the Social Care (Self–directed Support) (Scotland) Act 2013(9);

(d)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983(10);

(e)

any pension paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006(11);

(f)

any payment made from the Independent Living Funds;

(g)

any financial support paid under an agreement for the care of a foster child;

(h)

any armed forces independence payment;

(i)

any personal independence payment payable under the Welfare Reform Act 2012(12);

(j)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013(13);

(k)

any of the following amounts, as defined by the Universal Credit Regulations 2013(14), that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work-related activity element;

(l)

any bereavement support payment under section 30 of the Pensions Act 2014(15) or section 29 of the Pensions Act (Northern Ireland) 2015(16);

“family help (higher)” has the meaning given in regulation 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013(17);

“gross monthly income” has the meaning given in paragraph 12;

“Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013(18);

“legal representation” has the meaning given in regulation 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;

“maintenance agreement” has the meaning given in section 9(1) of the Child Support Act 1991;

“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

“party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

“restraint order” means—

(a)

an order under section 42(1) of the Senior Courts Act 1981(19);

(b)

an order under section 33 of the Employment Tribunals Act 1996(20);

(c)

a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998(21), or a practice direction made under that rule; or

(d)

a civil restraint order made under rule 4.8 of the Family Procedure Rules 2010(22), or the practice direction referred to in that rule;

“savings and investments” include, but are not limited to—

(a)

bonds;

(b)

stocks and shares; and

(c)

the value of any land or property.

(2) References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted are to be construed accordingly.

(1)

S.I. 2006/223; relevant amending instruments are S.I. 2012/818, 2014/1231, 2015/1512, 2016/360, 2017/607, 2021/810, 1286 and 2023/179.

(2)

1991 c. 48; section 3(6) was amended by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000 (c. 19).

(3)

2002 c. 21; section 3(5A) was repealed by Schedule 14 of the Welfare Reform Act 2012 (c. 5), but continues to have effect by virtue of article 3 of S.I. 2019/167. It was amended by S.I. 2019/1458.

(4)

1992 c. 4. Section 64 (attendance allowance) was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c. 30); Part 8 of Schedule 1 to the Pensions Act 2007 (c. 22); Schedules 9 and 14 to the Welfare Reform Act 2012 (c. 5); and by S.I. 2022/335. Section 68 (severe disablement allowance) was repealed by section 65 of the Welfare Reform and Pensions Act 1999 (c. 30), but savings apply for specified purposes. Section 70 (carer’s allowance) was amended by S.I. 1994/2556, 2002/1457, 2011/2426, 2013/388, 796, 2015/1754, S.S.I. 2021/174, S.I. 2021/1301, S.S.I. 2022/54, S.I. 2022/332 and 2023/1214. Section 71 (disability living allowance) was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c. 30), and by S.I. 2021/804 and 2022/335. Section 138 (the social fund) was amended by section 70(1) of the Social Security Act 1998 (c. 14); sections 70 and 71 of, and Part 8 of Schedule 14 to, the Welfare Reform Act 2012 (c. 5); and section 23(5) of the Scotland Act 2016 (c. 11).

(5)

1992 c. 7; section 64 (attendance allowance) was amended by paragraph 38 of Schedule 1 to the Pensions Act (Northern Ireland) 2008 (c. 1) and by S.I. 1999/3147 (N.I. 11) and 2015/2006 (N.I. 1). Section 68 (severe disablement allowance) was repealed by S.I. 1999/3147 (N.I. 11), but savings apply for specified purposes. Section 70 (carer’s allowance) was amended by S.R 1994/370, 2002/321, 2011/356, 2016/228, 236, S.I. 2021/1301 and 2022/332. Section 71 (disability living allowance) was amended by S.I. 1999/3147 (N.I. 11). Section 134 (the social fund) was amended by S.I. 1998/1506 (N.I. 10) and 2015/2006 (N.I. 1).

(6)

S.I. 2009/1887; relevant amendments are made by paragraph 381 and 382 of Schedule 24 to the Sentencing Act 2020 (c.17) and by S.I. 2010/2246, 2011/2298 and 2013/2270.

(7)

2014 anaw 4.

(8)

2002 c. 6; section 8 (direct payments) was amended by paragraph 3 of the Schedule to the Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5).

(9)

2013 asp 1.

(10)

S.I. 1983/686; amended by S.I. 2001/420; there are other amending instruments but none is relevant.

(11)

S.I. 2006/606; relevant amending instruments are S.I. 2009/706, 2013/241, 2015/208, 2018/176, 2019/1458 and 2023/163.

(12)

2012 c. 5; section 77 (personal independence payment) was amended by S.I. 2021/804 and 2022/335.

(13)

S.I. 2013/383; relevant amending instruments are S.I. 2014/2888 and 2015/1985.

(14)

S.I. 2013/376; regulation 24(2) (additional amount to the child element) was amended by S.I. 2014/2888, 2021/786 and 2022/177. Regulation 25 (housing costs element) was amended by S.I. 2017/725. Regulation 27 (limited capability or capacity for work element) was amended by S.I. 2017/204. Regulation 29 (carer element) was amended by S.I. 2015/1754, 2017/204 and 2023/1218.

(15)

2014 c. 19; section 30 was amended by S.I. 2023/134.

(16)

2015 c. 5; section 29 was amended by S.I. 2023/134.

(17)

S.I. 2013/104; amended by S.I. 2019/1396.

(18)

S.I. 2013/471.

(19)

1981 c. 54; section 42(1) was amended by section 24 of the Prosecution of Offences Act 1985 (c. 23) and paragraph 60 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

(20)

1996 c. 17; section 33 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and section 49 of the Employment Relations Act 2004 (c. 24).

(21)

S.I. 1998/3132 (L. 17); amended by S.I. 2022/783.

(22)

S.I. 2010/2955 (L. 17); amended by S.I. 2013/3204.