Millions of Britons face postcode lottery for free benefits and help to appeal
Universal Credit: DWP member on informing claimants
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Around 47 million people across England and Wales do not have access to sufficient legal aid support, according to research carried out by the Law Society. The law organisation found an estimated 23 million people fail to get legal aid to address their housing issues. Legal aid is the Government-funded provision of assistance to people who are unable to afford legal representation and access to the court system. As people who are on benefits are on low income, many require legal aid to challenge the DWP’s decision regarding their payments.
The Law Society examined data from the Legal Aid Agency directory of providers (February 2021) and the Office of National Statistics (2021) as part of its study. The research found that 78 percent of the population in England and Wales do not have access to a welfare legal aid provider. This leaves many benefit claimants unable to challenge or appeal decisions made by the DWP. Furthermore, the Law Society revealed that, of the benefit claimants with a legal aid provider in their local authority, 15 percent of the population had only one firm available to them.
Whether someone is eligible for legal aid depends on the type of case someone is in court for and how much they make a year. In non-criminal civil cases, involving the DWP, benefit claimants must prove they do not have the financial capacity to pay for legal costs and must show their problem is serious. Anyone involved in a civil case must provide their personal information, including their regular income, benefits amount, savings and property. However, legal aid may not cover all the fees for cases.
Earlier this year, Stephanie Boyce, the Law Society’s President, outlined the multiple societal issues that arise from a lack of legal aid provision. Ms Boyce said: “A fair society has a legal system where rich and poor are equally able to access justice. For rights to be real, everyone who is entitled to state-funded legal advice to uphold their rights should be able to get that advice when they need it. Our analysis shows people on lower incomes who face terrifying legal issues from domestic abuse to homelessness or who need to challenge inadequate care or education from their local authority increasingly can’t get the expert legal advice to which they are entitled.”
People in England and Wales will be able to see if they can access legal aid support by going onto the Government’s website and using their legal aid eligibility portal. Through this method, they will be asked general questions about their specific legal situation and how much money they are currently making. It is vital to remember that this portal is only for civil cases and can not be used if someone has been charged with a crime. In Scotland and Northern Ireland, benefit claimants looking for support are encouraged to contact their own legal aid lawyer directly.
Once a legal advisor has been assigned for you or chosen by you, they will apply for legal aid on your behalf. If someone ends up qualifying for support, the amount received from the Government will be directly paid towards the cost of a case against the DWP. Upon the first meeting with a legal advisor, one must bring copies of benefits statements, National Insurance number and bank statements. Furthermore, other important documents such as marriage and birth certificates will need to be shared.
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