Contribution Based ESA legal aid?

misschatterbox

My Mum has worked for many years but has just lost her job due to ill health. She needs legal aid but is she entitled to it? She's just been granted contributions based esa from the 10th Jan, she's not in any group (work or support) yet as she's waiting for her medical. She has no savings and lives in England.

Also do you get any help with prescriptions or cold weather payments on this benefit?

Thank you for any help.

rogerblack

Legal aid for what?

misschatterbox

She needs a solicitor for a case in court, she has one but since losing her job has been told she has to be granted legal aid before the case is heard in a magistrates court which is this week.

pmlindyloo

Have a look at this:

https://www.gov.uk/legal-aid/overview

Depending on her circumstances (e.g. does she have a partner who receives an income?) she may also have an underlying entitlement to income based ESA. Has she been told that she is eligible for income based ESA as well?

PS If you give us more details about your mum we may be able to help further with her benefit entitlement. eg Partner? Working? Age? Renting? Children?

pmlindyloo

All about free precriptions:

http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

All about cold weather payments:

http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

MissMoneypenny

misschatterbox wrote: »

She needs a solicitor for a case in court, she has one but since losing her job has been told she has to be granted legal aid before the case is heard in a magistrates court which is this week.

Do you mean that her solicitor also does legal aid work and applied for legal aid on her behalf? And that it hasn't come through yet for her case this week?

misschatterbox

MissMoneypenny wrote: »

Do you mean that her solicitor also does legal aid work and applied for legal aid on her behalf? And that it hasn't come through yet for her case this week?

Yes he's put it in for fast track but not heard anything yet and she's worried she'll turn up on court day and get a call saying he's not coming as legal aid not been granted.

She was working up till last week but isn't now. Her ESA has been granted as of the 10th Jan but she's not had first payment yet. She's single, no savings, no dependant children etc

benefitbaby

Your mother does not automatically qualify for legal aid because she is not in receipt of a means -tested benefit so a calculation of her means is necessary to establish her eligibility. She has no other income, savings or relevant partner to take into account however if she owns her own property or has any other capital item then this may dissentitle her to legal aid or mean than she may have to contribute a portion of the costs.

There are different means test for different categories of law...

- for civil law the legal aid calulator is here:
http://eligibilitycalculator.justice.gov.uk/ecalc/questions.asp

- for criminal law the calculator is here:
http://www.justice.gov.uk/legal-aid/assess-your-clients-eligibility/criminal-eligibility-calculator

ILW

Legal aid would also depend on the type of action.
Is she defending or prosecuting?