Legal Aid Help Needed ASAP

moneyhustler88

I'm sorry if this isn't the right area to post this, but I thought this looked the most suitable and relevant area to post my problem.

Basically I am in a situation with legal aid and need someone's help and advice.
Basically in November 2010 I found out I maybe a father.
The child's mother kept messing me about so i paid myself for a DNA Test (peace of mind) one from GTL DNA. The test results came back the child was mine so I made a verbal agreement with the mother that I would pay her £400 a month as this was all I could afford.
Basically she only let me see my child a few times a month, then in March of 2011 she stopped responding to my texts and totally disappeared on me after getting the last payment from me.

I decided in August that I'd given her enough time to try and get in touch with me and Social Services confirmed nothing was wrong/the child wasn't missing so I got a solicitors involved.
My solicitor didn't recieve any response from the child's mother and suggested we both meet at a mutual place they recommended.
The child's mother never showed up and instead wrote a letter saying that she didn't 'feel comfortable around me' so stopped contact. When my solicitor told her that that wasn't an acceptable reason to stop contact, espicially when I had been paying for the child, she never responded.

Since then my solicitor said the best thing to do is file to get my name on the birth certificate and then file for access in court.
That was in August 2011. I've been writing to Legal Aid since as my circumstances have changed ( I lost my job down to downsizing in the NHS) and basically after a long story short I lost my house.
Therefore am using my mother's address as correspondance.

I sent legal aid 6 months bank statements, a letter from JSA/DWP stating that i could not claim jsa anymore as my contributions had run out and wasn't eligible for income support.
They wrote to my mother who's address I was using for correspondance as I have no permanent address ( i constantly am swapping around people's houses until I have saved enough money to rent somewhere.and right now am around £300 short from getting enough to rent somewhere i've seen)

So last week my mother wrote to legal aid and told them this is only a correspondance address and not where I live.
As I'm kind of homeless, would I still get legal aid?
Just when I did their calculator it said I could get it on the basis of low income.
Now the problem is my solicitor says if I don't get legal aid in the next month she's closing my case.

What can I do?

If anyone could help it'd be appreciated.

FBaby

I don't know what's best to do except continue to chase them regularly for feedback, but I wanted to say good on you for fighting for contact with your child in desperate time. Don't give up, even if you do gain access but things are difficult with your child to start with. There might be a long battle ahead still, but a child is always worth that battle. I wish you good luck in finding employment again (a lot of managerial jobs offered in the NHS at the moment) and gaining access to your child again.

moneyhustler88

Hi,
I've always fighted but recently the situation's got worse. The child's mother attempted to add me on Facebook and told me if I don't give her £800 she will move to another country, I managed to reply before my credit ran out as a mobile is my only means of contact, even now am having to use a library for computer access. I told her she's had a chance to contact me and anything she's got to say she can say to my solicitor. Then I got her new boyfriend adding me making threats against me, I'd go to the Police but I don't even have an address to report it from as he said some very offensive and nasty things about me. But to be honest I don't see the point or have the time, my main time I'm spending is trying to save for a place+ getting a job.
Legal aid are slow and with me being I suppose technically homeless I don't know if I qualify for legal aid thats why I wanted some assistance, but I feel so stuck because my solicitor doesn't care until she gets legal aid and all I want to do is be there for my child. I feel like for being honest I'm being punished..

sleepless_saver

moneyhustler88 wrote: »

I sent legal aid 6 months bank statements, a letter from JSA/DWP stating that i could not claim jsa anymore as my contributions had run out and wasn't eligible for income support.

I have no idea about the legal aid, but from what you say you should be able to claim income related JSA.

Poppie68

OP how were you able to claim JSA if you are a student?

moneyhustler88

Hi I wasn't getting JSA while being a student. Last year I graduated and after this I got no more student finance from May onwards. In June I lost my part time job with the NHS and I went onto claim JSA, but was told I could only get contribution based JSA. In September my JSA contribution based allowance ran out, I rang up for income support but after answering they're questions they told me I wasn't eligible. I explained to the DWP my situation and they said primarily income support is not for your group type 'an individual'..
Thus since September I have no income, I go to my mothers and eat occassionally the rest of the time I shift between friends and family. My phone is on a direct debit top up which my mum pays to giff gaff for £12 a month..

skintandscared_2

moneyhustler88 wrote: »

Hi I wasn't getting JSA while being a student. Last year I graduated and after this I got no more student finance from May onwards. In June I lost my part time job with the NHS and I went onto claim JSA, but was told I could only get contribution based JSA. In September my JSA contribution based allowance ran out, I rang up for income support but after answering they're questions they told me I wasn't eligible. I explained to the DWP my situation and they said primarily income support is not for your group type 'an individual'..
Thus since September I have no income, I go to my mothers and eat occassionally the rest of the time I shift between friends and family. My phone is on a direct debit top up which my mum pays to giff gaff for £12 a month..

But if you are not in a relationship and are "sofa surfing" for somewhere to sleep, you should surely be entitled to income based JSA, as there is nobody else supporting you?

BigAunty

For your homelessness issues, contact Shelter or see their advice on their webpage, contact your local council homelessness department.

Some councils run deposit guarantee schemes to help those in housing need and low incomes to afford their deposits. Other posters will be able to advise you what type of DWP loan you might be eligible for to help you afford your initial rent and deposit.

The Citizens Advice Bureau can help you with your JSA income based claim - I don't understand why you are not eligible.

Income support acts primarily as a top-up to those on low incomes like lone parents and those on sickness/disability benefits, not a replacement for someone who isn't eligible for JSA.

swingaloo

I don't understand why your solicitor is not sorting out the legal aid issue for you.
We had to go to court for my partner to get access to his child and applied for legal aid at the solicitors appointment, she filled in the forms and advised us.

moneyhustler88

Guys and girls,

Believe me I went down to the council office and the woman said-
are you an alcoholic? I said no
Are you dependent on drugs? I said no
She said have you got children? I said no

Then they told me all they can offer me is 1 night shelter.
They did tell me I could get a low income deposit scheme as mentioned but they told me in my local area there's a 7 month waiting list.

Therefore on that issue I'm stuck. Your right I don't have any income or anyone to rely on. But according to my local DWP i'm not in the right class for income support, and JSA say I've used all my 'contributions' for JSA so can't get it anymore.
No one seems to be able to help me

And basically in reply to you swingaloo- my solicitor did sort out the legal aid in August 2011, she sent it off,certified it and since I had correspondance she just forwards the letters to me. Since then I've had to deal with responding to them, which has occured the above outlined issues I managed to ring my solicitor today to explain the situation to her and she even told me she didn't understand exactly what legal aid want, on a plus note she's not going to close my file now.
But I really need legal aid to move on and assess me.
I just think it's so unfair I'm not allowed any benefit just because I worked for the NHS for 3 years and was a student. The whole reason I lost my house was because people assume students get so much money and I was paying £1400 a month in rent when I was a student ..now am delegated to using public librarys

moneyhustler88

Income support acts primarily as a top-up to those on low incomes like lone parents and those on sickness/disability benefits, not a replacement for someone who isn't eligible for JSA.
^^ Thats exactly why I'm told I'm not eligible for Income support and JSA I can't get either..