Government scrapping legal aid for welfare benefits appeals

J-Rock

The Government is planning to scrap legal aid advice for people who want to appeal welfare benefits decisions.


This means that disabled people and other people on low incomes will not be able to get the legal advice they need to overturn wrong decisions about their benefits. :mad:


Disability charity Scope and Justice for All are running a campaign to try and stop this decision from going ahead.

Please show your support by joining their virtual House of Lords at
!!!!!!!/lordshelpus

Thanks guys!

rogerblack

This is in principle not the case for 'complex' cases.
But - how do you know you have a complex case?
How do you know who to apply to?

It's been noted by senior judges that this may increase costs substantially - people representing themselves take up lots more time than people who are represented.

In addition - the URL is http://act.scope.org.uk/ea-action/action?ea.client.id=1677&ea.campaign.id=13038

The site seems to object to the shortener used.

J-Rock

Thanks for adding the full link Roger. And to everyone who has signed up. It's a really important issue.

suelees1

They're looking at withdrawing legal aid across all of the different areas of Social Welfare law including housing, debt, benefits etc. The Legal Services Commission is tightening up already. We now can't advise across the benefit spectrum any more and if people have queries or want advice on what they can and can't claim or how one benefit affects another or indeed the myriad of questions peole have about their entitlement we now have to signpost them to relevant agency such as the Jobcentre. The governement is having a laugh. It's no surprise with this shower that those who most need access to justice are not going to get it.

The_ICT_Engineer

suelees1 wrote: »

We now can't advise across the benefit spectrum any more and if people have queries or want advice on what they can and can't claim or how one benefit affects another or indeed the myriad of questions peole have about their entitlement we now have to signpost them to relevant agency such as the Jobcentre. The governement is having a laugh. It's no surprise with this shower that those who most need access to justice are not going to get it.

The Job Centre then send them back to the CAB.

suelees1

The_ICT_Engineer wrote: »

The Job Centre then send them back to the CAB.

Where they might get seen in two months if the LSC doesn't withdraw funding.

J-Rock

Anyone who hasn't signed this yet, please do. They're trying to fill as many virtual houses as they can and raise awareness. And you get to choose a silly title for yourself...

See Roger's post for the full link.

Thanks.

J-Rock

Just bumping this for anyone who might have missed it.

J

MissMoneypenny

This is all part of the "being fairer to UK taxpayers" drive. They are scrapping Legal Aid for lots of able bodied people too; to reduce the burden on the tax payer. The legal burden has just got into silly money. I know that a lot of legal firms are not happy about having their income reduced from these cuts.

For welfare claiments, the Appeals are for those who think their decision was wrong and these appeals will still be funded by the taxpayer.

rogerblack

MissMoneypenny wrote: »

For welfare claiments, the Appeals are for those who think their decision was wrong and these appeals will still be funded by the taxpayer.

If by funded, you mean they don't have to pay to make the appeal, then yes.
If you mean legal aid for appeals is available, then no, this is not correct.
In exceptional cases, it may be.

People often have a poor grasp of the benefit system, and applying as an exceptional case for legal aid funding is not going to be a simple process.
Decision letters are often confusing and misleading, not outlining the full reasons why someone was denied benefit.

Without a deep understanding of the benefit system, it can be _really_ hard to effectively challenge a decision, especially if you don't understand the basis on which you might qualify for benefit.

If, for example, you consider that you're unable to work, for a reason that will not get you enough points for ESA, then you may appeal this decision.
But the appeal is going to fail if you just appeal about this reason.

If you are represented, or if you are lucky enough that you're intelligent and able to read the rules, or the tribunal considers all the information, and perhaps adjourns to gather more information, then you may have a better chance of success, as all the factors that may cause you to be eligible may be considered.

Represented people have much better results at tribunals than unrepresented.
If this was not the case, then there would be complete justification for removal of legal aid.

As it will be, many people who cannot effectively understand the whole appeal process for whatever reason, will be denied benefit that they could legitimately claim.

exprog

MissMoneypenny wrote: »

This is all part of the "being fairer to UK taxpayers" drive.

No, it's all part of the "being unfair to the victims and ensuring they can do nothing about it" drive.