Court of Protection and deputyship fee exemptions

If someone you know has lost the mental capacity to make their own decisions and there is no power of attorney in place, the Court of Protection can give you the right to make decisions for them, and could make you a Deputy¹. Applying to be a deputy is not free. In all cases, the deputy will need to pay an application fee, any Court or legal fees associated with the application, and a supervision fee every year².

The good news is that help exists. If the deputy is on a low income or receives certain benefits, they may not need to pay some or all of the fees³. Official guidance puts it plainly: you may not have to pay the fees if you're on means-tested benefits or a low income⁴.

This page explains which fees apply, who qualifies for an exemption or reduction, how the means test works, how to apply, and what to do if your application is refused.

Which Court of Protection and deputyship fees you may have to pay

There are three main costs a deputy faces. The first is an application fee, paid when you apply to the Court of Protection to be appointed². The second is any Court or legal fees associated with the application, which are a fixed amount set by the Court². The third is a supervision fee, charged every year for as long as the deputyship continues².

The application fee is paid by cheque. Send a cheque for £432 made payable to 'HM Courts and Tribunals Service' with your forms to the Court of Protection⁴.

It is worth understanding why a deputyship exists at all. If someone does not have mental capacity, the Court of Protection could give you the right to make decisions for them¹. The Court will consider whether it's necessary for ongoing decisions to be made on their behalf, and whether the person applying is suitable⁸. A lasting power of attorney, set up in advance, avoids this process: one reason people make an LPA is to remove the time and cost associated with a Deputyship application to the Court of Protection⁹.

If you are weighing up the two routes, our guide to becoming a deputy through the Court of Protection and our comparison of lasting power of attorney or deputyship set out how they differ.

Who qualifies for an exemption or reduction

The exemption is assessed on the deputy's circumstances, not the finances of the person who lacks capacity. Guidance for deputies states that if the deputy is on a low income or receives certain benefits, they may not need to pay some or all of the fees³. Official guidance confirms you may not have to pay the fees if you're on means-tested benefits or a low income⁴.

For court fee help generally, the qualifying benefits are Income-based Jobseeker's Allowance (JSA), Income-related Employment and Support Allowance (ESA), Income Support, Universal Credit, and Pension Credit (Guarantee Credit)⁵. In Northern Ireland, you do not have to pay the court fee if you get any of these benefits: Income Support, Pension Credit, Income-based Jobseeker's Allowance (JSA), or Universal Credit⁶.

Where a court order is being cancelled or varied, a fee may apply, although if you are claiming benefits or you are on a low income, you may not have to pay it¹⁰.

Some exemptions elsewhere in the benefits system show how the rules can turn on a single qualifying benefit. A household is exempt from the benefit cap if you, or your partner, receive Guardian's Allowance¹¹, and a household is exempt if you or your partner receive the Support component of Employment and Support Allowance¹². These are not Court of Protection rules, but they illustrate the pattern: one qualifying benefit can switch off a charge entirely.

Help with Fees and fee remissions: how the means test works

Help with court fees is not automatic. You may be able to get help with court fees, but you need to pass two tests to qualify¹³. The same two-test structure applies across the guidance on court fee help¹⁴.

The first test is means-based: whether you receive one of the qualifying benefits listed above, or your income and savings fall below the threshold. The second test looks at the fee itself and the case. In practice, this means a deputy on a low income may have some or all of a fee remitted, while a deputy with savings above the threshold may not, even on a modest income.

The means test is not the same as the benefit cap or the Minimum Income Floor, which are separate rules. For example, claimants who are caring for a child under the age of 3 are not placed in the 'all work-related requirements' group, so are exempt from the Minimum Income Floor¹⁶, and in couples, one person can be nominated as the primary carer and this person will be exempt from the Minimum Income Floor¹⁶. These exemptions do not carry across to court fees, but they show how the benefits system treats caring responsibilities.

If you are on a low income and starting a claim, you may not have to pay some or all of the fee, which is called a fee reduction or exemption, and the application is made with form EX160 and evidence of income¹⁷.

How to apply for an exemption or reduction

The application process has a few firm rules. You need to complete a separate application for each court fee you want reduced or cancelled⁵. In Northern Ireland, you need to complete form ER1 'Application for exemption or remission of a fee'⁶.

For court fee help in England and Wales, the application is made with form EX160 and evidence of income¹⁷. The form asks about benefits, income and savings, and the evidence the form asks for is sent with it. A separate application is needed for each court fee to be reduced or cancelled¹⁷.

The steps are:

1. Work out which fee you are asking to be reduced or cancelled, and note that each fee needs its own application⁵.
2. Gather evidence of your income and any qualifying benefits.
3. Complete the application form, EX160 in England and Wales¹⁷ or form ER1 in Northern Ireland⁶.
4. Send the form and evidence with your Court of Protection forms, or as the court directs.
5. Keep a copy of everything you send.

If you are applying for a deputyship, the application fee cheque and the fee exemption application go together. Send a cheque for £432 made payable to 'HM Courts and Tribunals Service' with your forms to the Court of Protection⁴, unless your exemption application means no fee is due.

Where an exemption does not cover the cost

A fee exemption covers the court or supervision fee. It does not cover everything else. Guidance on power of attorney costs states these costs don't include solicitors fees, if you use one⁷. If you instruct a solicitor for a deputyship application, their fees sit outside the Court of Protection fee and are not covered by a fee exemption.

The same principle runs through other compensation and legal cost schemes. Where a personal representative is used rather than a professional representative such as a solicitor or claims management company, there is no fee and the claimant gets all the compensation due¹⁸. That contrast shows how professional fees can reduce what a person receives, and why a fee exemption on the court fee alone does not make a deputyship free.

Other costs can also sit outside a fee cap or exemption. The cap on pension charges doesn't cover transaction costs¹⁹. In the payments sector, where a sending payment firm chooses not to levy the excess or levies a lower excess, a receiving firm may choose to deduct 50% of the maximum claim excess value²⁰. These are different schemes, but the pattern is the same: an exemption or cap applies to one charge, not to every cost around it.

If your application is refused or you have already paid

If the court refuses your application, you can appeal. Do this in writing within the time limit the court sets when they write to tell you they have refused your application²¹.

For other official decisions, the refusal letter explains the reasons. Where an Individual Assistance Payment application is declined, the letter you receive will explain the reasons your application has been declined²². A refusal letter for a fee exemption should be read the same way: it tells you the basis of the decision and the deadline for any appeal.

On refunds of fees already paid, no general refund route for Court of Protection fees is set out. Refunds and backdating depend on the specific scheme. A change to the pre-1996 under occupation charge was not back-dated, and money back could be claimed for the period 1 April 2013 to 3 March 2014²³. A claim for Attendance Allowance cannot be backdated²⁴. These examples show that backdating is the exception, not the rule, and each scheme has its own terms.

Where a fee has already been paid and an exemption is thought to apply, the position for that specific fee is confirmed by contacting the Court of Protection or the Office of the Public Guardian. The Office of the Public Guardian handles lasting power of attorney forms, information packs and the registration fee, and can give further advice and information on that fee²⁵. Forms and an information pack are available from the Office of the Public Guardian, online, by calling 0300 456 0300, or through the online service on GOV.UK⁹.

If you are dealing with a deputyship and need help with the wider process, our guide to becoming a deputy through the Court of Protection covers the application itself, and our guide to powers of attorney explained covers the alternative route.