Form EX160A: Tribunal Fee Remission (2026) | eLitigant

If you are filing an application or appeal with a tribunal in England and Wales, you may be required to pay a fee. Depending on the tribunal and the type of application, that fee can range from under £100 to over £1,000. For many people, that is enough to make them think twice about pursuing a legitimate claim or appeal.

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The good news is that the Help with Fees scheme covers tribunal fees just as it covers court fees. If you qualify, the tribunal fee can be waived entirely or reduced to an amount you can afford. The eligibility criteria, income thresholds, and savings tests are exactly the same as for court fee remission — the process simply routes through the tribunal rather than a county court. Form EX160A — officially titled “How to apply for help with fees” — is the guidance document published by HMCTS that explains who qualifies for fee remission and how to apply. The application itself is made either online through the Help with Fees online service or on paper using Form EX160. This guide focuses specifically on how the process works for tribunal applications — including which tribunals charge fees, what those fees are, and the steps to get them reduced or waived.

EX160A and EX160: What Is the Difference?

This causes genuine confusion, so let us clear it up immediately:

• Form EX160 — the application form. This is the document you complete and submit to apply for help with fees. It covers both court and tribunal fees. You can download it from GOV.UK
• EX160A — the guidance notes. This is the official HMCTS document that explains the eligibility criteria, the three tests, and how to complete the application. It is published separately at GOV.UK
• EX160C — the fee remissions calculator. A separate tool to help you check your likely eligibility before applying

There is no separate tribunal-specific form. Whether you are filing in a county court, the High Court, or a First-tier Tribunal, you use the same Form EX160 (paper) or the same Help with Fees online service. The eligibility criteria are identical. The difference is where you submit the application — it goes to the tribunal that is handling your case, not to a court.

Download and Apply

There is no charge for applying for help with fees. The application itself is free.

Apply Online (Recommended)

The Help with Fees online service now covers both court and tribunal fees. Many people do not realise this — they assume the online service is only for court fees, but it was expanded to include tribunals. You can apply at: gov.uk/get-help-with-court-fees The online service generates a Help with Fees reference number (in the format HWF-XXX-XXX) which you include with your tribunal application. This is the faster route — your details are cross-checked automatically against HMRC and DWP records.

Apply on Paper

Download Form EX160 from GOV.UK and submit it with your tribunal application and supporting evidence. A large print version is also available. Read the EX160A guidance notes before completing the form — they explain each section and what evidence is required.

Which Tribunals Charge Fees?

Not all tribunals charge fees, and fee structures vary between jurisdictions. Here are the main tribunals where Help with Fees applies:

Employment Tribunal

Employment Tribunal fees were abolished in 2017 following the Supreme Court decision in R (UNISON) v Lord Chancellor. As things stand, there is no fee to bring a claim in the Employment Tribunal or to appeal to the Employment Appeal Tribunal. However, certain related applications — such as applications for a Wasted Costs Order — may attract fees. The position may change, and Help with Fees would apply to any fees that are reintroduced.

Immigration and Asylum Tribunal (First-tier and Upper)

Appeal fees in immigration cases can be significant. The First-tier Tribunal (Immigration and Asylum Chamber) charges fees for most appeals, and the Upper Tribunal charges fees for permission to appeal and for substantive hearings. Help with Fees applies to these fees and is frequently used — many immigration appellants qualify for full remission.

First-tier Tribunal (Property Chamber)

The Property Chamber handles disputes about residential leasehold, park homes, land registration, and rents. Fees vary by application type — for example, applications concerning the reasonableness of service charges, the right to manage, or lease extensions. Help with Fees applies to all Property Chamber fees.

First-tier Tribunal (Tax Chamber)

The Tax Chamber hears appeals against HMRC decisions on income tax, VAT, capital gains tax, inheritance tax, and other tax matters. Fees apply to certain categories of appeal. Help with Fees applies in the same way as for other tribunals.

First-tier Tribunal (Social Entitlement Chamber)

This chamber handles appeals about benefits decisions, including Personal Independence Payment, Universal Credit, Employment and Support Allowance, and other social security benefits. Most appeals in this chamber do not attract a fee, but where fees do apply, Help with Fees is available.

Other Tribunals

Help with Fees may also apply to fees charged by other tribunals within the HMCTS system, including the General Regulatory Chamber and the Mental Health Tribunal (where fees are charged). Always check the specific tribunal’s fee schedule and confirm whether Help with Fees is available for your particular application.

The Three Tests: Do You Qualify?

Eligibility for help with tribunal fees is assessed using the same three tests as for court fees. They are applied in order — if you pass the first test, you qualify for full remission without needing to take the second or third.

Test 1: Qualifying Benefits (Automatic Full Remission)

If you receive any of the following benefits, you are automatically entitled to full fee remission, provided your savings do not exceed the threshold:

• Income-based Jobseeker’s Allowance (JSA)
• Income-related Employment and Support Allowance (ESA)
• Income Support
• Universal Credit with gross monthly income below £1,085
• Pension Credit (Guarantee Credit)

These benefits do NOT qualify you for automatic remission:

• Personal Independence Payment (PIP)
• Disability Living Allowance (DLA)
• Attendance Allowance
• Carer’s Allowance
• Child Benefit
• Contribution-based JSA or ESA

However, these non-qualifying benefits are also not counted as income when applying the income test below. They are neutral — they neither help nor hinder your application.

Test 2: Income Threshold (Full or Partial Remission)

If you do not qualify under the benefits test, your gross monthly income is assessed against the following thresholds:

• Single, no children: below £1,085 for full remission
• Couple, no children: below £1,245 for full remission
• Each dependent child: adds £245 to the threshold

If your income falls below the relevant threshold, you receive full remission (subject to the savings test). If your income exceeds the threshold, you may still receive partial remission — the tribunal calculates a contribution based on how far your income exceeds the threshold.

Test 3: The Savings Test

Even if you qualify under the benefits or income test, your savings and investments must be below the relevant threshold:

• Under 61 years old: savings must be £3,000 or less (for fees up to £1,000). For fees over £1,000, the threshold is £3,000 plus the fee amount
• 61 or over: savings must be £16,000 or less (for fees up to £1,000). For fees over £1,000, the threshold is £16,000 plus the fee amount

Savings include bank accounts, building society accounts, ISAs, Premium Bonds, stocks and shares, and any other capital held by you and your partner. The value of your home (if you live in it) and your car are generally excluded. This is the test that catches people out most often. Even if your income is very low, a savings balance above the threshold will disqualify you.

Step-by-Step: How to Apply for Help with Tribunal Fees

Step 1: Identify Your Tribunal Fee

Before you apply, you need to know the exact fee you are asking for help with. Each tribunal publishes its fee schedule — check the specific tribunal’s pages on GOV.UK or ask the tribunal administration office. You need the precise fee amount for your application type. Common examples include:

• Immigration appeal fees (First-tier and Upper Tribunal)
• Property Chamber application fees (service charge disputes, lease extensions, right to manage)
• Tax Chamber appeal fees

Step 2: Apply Online or on Paper

Online (recommended): Visit gov.uk/get-help-with-court-fees and click “Start now”. The system will ask you a series of questions about your financial circumstances. When asked about the fee, enter the tribunal fee amount. The system does not distinguish between court and tribunal fees — the eligibility assessment is the same. Paper: Download Form EX160, complete all sections, and submit it with your tribunal application. Include your supporting evidence (benefit award letters, payslips, bank statements).

Step 3: Get Your HWF Reference Number

If you apply online and the system determines you are likely to qualify, it generates a Help with Fees reference number in the format HWF-XXX-XXX. This reference is valid for 28 days. Write it down and include it with your tribunal application.

Step 4: Submit Your Tribunal Application

Include the HWF reference number on your tribunal application form — most tribunal forms have a designated field for this. If there is no specific field, write the reference number prominently on the first page with a note: “Help with Fees reference: HWF-XXX-XXX”. If applying on paper with Form EX160, submit everything together: the tribunal application form, the completed EX160, and all supporting evidence.

Step 5: The Tribunal Processes Your Application

The tribunal administration verifies your application against DWP and HMRC records. This typically takes around five working days, though it can be longer if additional evidence is required. While the application is being processed, your tribunal application is held — it will not be listed or progressed until the fee question is resolved.

Differences from Court Fee Applications

The process for tribunal fee remission is largely the same as for court fees, but there are a few practical differences to be aware of:

• Where you submit: Your application goes to the tribunal, not to a county court. Each tribunal has its own administration office
• Fee codes: When completing the form, you may need to enter a tribunal-specific fee code rather than a court fee code. Check the tribunal’s fee schedule for the correct reference
• Processing times: Some tribunals process Help with Fees applications faster than others. Immigration tribunals, which handle a high volume of fee remission applications, generally have established procedures
• Online vs paper: While the online HWF service covers tribunals, some tribunal applicants find it easier to submit the paper EX160 alongside their application, particularly if they are already posting documents to the tribunal

The Rules: Legal Framework for Tribunal Fee Remission

Tribunal fee remission is governed by the same legislation as court fee remission:

• The Courts and Tribunals Fee Remission Order 2013 (SI 2013/2302, as amended) — this is the primary legislation that sets out the eligibility criteria, the three tests, the income thresholds, and the savings limits. It applies to both courts and tribunals
• Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) — Section 180 provides the overarching power for the Lord Chancellor to make provision for fee remission in courts and tribunals
• The Tribunals, Courts and Enforcement Act 2007 — establishes the tribunal system and the power to charge fees

The key point is that the remission regime is unified. There is no separate tribunal fee remission scheme — the same rules apply across the entire HMCTS estate, from small claims in the county court to appeals in the Upper Tribunal.

What Happens After You Apply

Once the tribunal receives your Help with Fees application, the following process takes place:

Verification

If you applied online, the tribunal verifies your HWF reference against the Help with Fees system and cross-checks with DWP and HMRC records. If you applied on paper, the tribunal staff review your form and supporting evidence manually.

Evidence Requests

The tribunal may contact you to request additional evidence. Common requests include:

• Your most recent Universal Credit statement (from your online journal)
• Payslips for the last three months
• Bank statements showing savings balances
• Self-employment accounts or your latest tax return
• Evidence of your partner’s income and savings

Respond promptly — delays in providing evidence delay the processing of your tribunal application.

Three Possible Outcomes

• Full remission granted: You pay nothing. The tribunal fee is waived entirely and your application is processed as normal
• Partial remission granted: The tribunal tells you the reduced amount to pay. Your application is held until you pay the reduced fee within the deadline given
• Application refused: The tribunal writes to you with the reason. You have 14 days to pay the full fee or request a review

Requesting a Review

If your application is refused, you can request a review within 14 days. Write to the tribunal explaining why you believe the decision was wrong and provide any additional evidence. The review is carried out by a different member of staff. If the review is also unsuccessful, you can appeal to a designated officer.

Common Mistakes

1. Assuming Help with Fees Does Not Apply to Tribunals

This is the most common misconception. People apply for tribunal fee remission using the paper form because they do not realise the online service also covers tribunals. The Help with Fees online service covers both court and tribunal fees — use it. It is faster and your details are verified automatically.

2. Using the Wrong Fee Amount

Each tribunal has its own fee schedule, and the fees can differ from court fees. Make sure you are entering the correct tribunal fee, not a court fee for a similar type of application. Check the tribunal’s fee schedule on GOV.UK before applying.

3. Forgetting Your Partner’s Finances

If you have a partner — married, in a civil partnership, or cohabiting — their income and savings are included in the assessment. The only exception is where your partner is the opposing party in the tribunal proceedings. Omitting your partner’s financial details is the most common reason for refusal.

4. Declaring Net Income Instead of Gross

The application asks for gross monthly income — before tax and National Insurance deductions. Many applicants enter their take-home pay, which is lower. The system checks against HMRC records, and a discrepancy will delay or undermine your application.

5. Letting the HWF Reference Expire

Your online HWF reference number is valid for 28 days. If you apply for help with fees but then take more than four weeks to file your tribunal application, the reference expires and you will need to apply again. Apply when you are ready to file — not weeks in advance.

6. Not Declaring All Savings

Every account must be declared: current accounts, savings accounts, ISAs, Premium Bonds, investment platforms. An undisclosed account discovered later can result in the remission being revoked and the full fee becoming payable — plus potential costs consequences.

7. Applying After Paying the Fee

Help with Fees should be applied for at the point of filing. If you have already paid the tribunal fee, you cannot use EX160 to get it back through the standard remission process. There is a separate refund procedure, but it is not guaranteed and must be pursued within three months.

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Frequently Asked Questions

Can I use Form EX160 instead of EX160A for a tribunal application?

This question reflects a common misunderstanding. Form EX160 is the application form — it covers both court and tribunal fees. EX160A is the accompanying guidance document that explains how to complete the application. You do not choose between them. You read EX160A for guidance, then complete Form EX160 (or apply online). There is no separate tribunal application form.

Does the online Help with Fees service work for tribunal fees?

Yes. The Help with Fees online service covers both court and tribunal fees. Many people do not realise this and default to the paper form for tribunal applications. The online service is generally faster — you receive your HWF reference number immediately and the verification is automated.

Are the eligibility criteria different for tribunals?

No. The same three tests apply whether the fee is for a court or a tribunal. The qualifying benefits, income thresholds, and savings limits are identical. The only difference is the practical process — where you submit, who processes it, and the specific fee schedule.

Do Employment Tribunals still charge fees?

Employment Tribunal fees were abolished in 2017 following the Supreme Court ruling in R (UNISON) v Lord Chancellor. As of February 2026, there is generally no fee for bringing a claim in the Employment Tribunal. However, the government has periodically discussed reintroducing fees, and certain ancillary applications may attract charges. If fees are reintroduced, Help with Fees would apply.

Can I apply for help with an immigration tribunal appeal fee?

Yes. Immigration appeal fees are among the most common tribunal fees for which Help with Fees applications are made. The same eligibility criteria apply. Many immigration appellants qualify for full remission under the benefits or income test.

I need to apply for help with multiple tribunal fees. Do I need separate applications?

Yes. Each fee requires its own Help with Fees application and its own HWF reference number. If you are filing an appeal (appeal fee) and a separate application (application fee), you need two applications. You cannot use one reference number for multiple fees.

What if my Help with Fees application is taking too long and my tribunal deadline is approaching?

If you have a filing deadline, submit your tribunal application with the HWF reference number or the paper EX160 before the deadline expires. The tribunal will hold your application while the fee question is resolved. Do not wait for the remission decision before filing — you risk missing the deadline.

Can I apply for a refund if I have already paid the tribunal fee?

The standard Help with Fees application should be made at the point of filing. However, if you have already paid and believe you would have qualified for remission, contact the tribunal administration office. There may be a discretionary refund process, but it is not automatic and must be pursued promptly — generally within three months.

Key Points to Remember

• Help with Fees covers tribunal fees just as it covers court fees — the same rules, same thresholds, same three tests apply across the entire HMCTS system
• The online Help with Fees service works for tribunals — you do not need to use the paper form. Apply at gov.uk/get-help-with-court-fees
• EX160A is the guidance, EX160 is the form — there is no separate tribunal application form. Read EX160A, then complete EX160 (or apply online)
• PIP, DLA, and Carer’s Allowance are neutral — they do not qualify you for automatic remission, but they are not counted as income either
• The savings threshold is strict — £3,000 for under-61s, £16,000 for 61 and over. This catches people with low income but some capital
• Each fee requires a separate application — one HWF reference per fee, no exceptions
• Your HWF reference expires after 28 days — apply when you are ready to file your tribunal application
• File before your deadline — submit the tribunal application with your HWF reference even if the remission has not been decided yet. Do not miss a filing deadline waiting for a fee decision
• Dishonesty can have serious consequences — revocation of remission, full fee becoming payable, and potential costs orders

How to Use Chris to Help with Your Tribunal Fee Application

Chris can guide you through the Help with Fees process for your tribunal application, tailored to your circumstances. Here is the recommended workflow:

1. Open Chris — start a conversation at eLitigant
2. Upload your financial documents — benefit award letters, payslips, bank statements, Universal Credit statements, and any evidence of your income and savings
3. Tell Chris which tribunal fee you need help with — describe the type of tribunal, the application you are filing, and the fee amount. Chris will check your likely eligibility against the three tests
4. Chris guides your answers — based on your uploaded documents, Chris helps you understand which test you qualify under, what evidence to provide, and flags any potential issues with the savings threshold
5. Complete your application — use Chris’s guidance to apply through the online HWF service or to complete the paper Form EX160, then submit alongside your tribunal application

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Related Guides

• Form EX160: How to Get Help with Court Fees (Detailed Guide)
• Help with Fees Online: The Digital Route to Fee Remission
• Form N244: How to Complete an Application Notice
• How to Start a Money Claim in 2026: OCMC Replaces N1
• How to Enforce a County Court Judgment in 2026

This guide was last updated in February 2026 and reflects the law and procedure in England and Wales. Tribunal fees, eligibility criteria, and procedures are subject to change. Always check the latest guidance on the HMCTS website and the specific tribunal’s pages on GOV.UK before applying. Contains public sector information licensed under the Open Government Licence v3.0.

Help with Fees takes 4-6 weeks. If your hearing is sooner…

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