fraud & legal aid

Hi,

Is it still possible for clients to access a solicitor via legal aid for fraud issues?

Thanks

Jane

If you mean legal aid for welfare benefits and fraud, then no basically unless it’s an FtT decision whereby the Tribunal find that they have potentially made an error in law in their own decision and thus possible appeal to Upper Tribunal. And this service still doesn’t cover the whole of UK as far as I know.

Law Centres Network has a couple of contracts, more Upper Tribunal Service

Hi Paul,

Thanks for the reply.

Sorry I wasn’t clear - I meant for the criminal, non welfare benefits aspect. Interview under caution, magistrates etc.

Thanks

Jane

Ah, in that case then I think the answer is “Yes” Jane, I’ve certainly got a few clients who have solicitors acting on criminal cases under legal aid related to welfare benefits overpayments/fraud cases.

Legal aid is available for advice and representation in connection with any action which may lead to criminal proceedings and also in court (s15 Legal Aid, Sentencing and Punishment of Offenders Act 2012; reg 2 of the Criminal Legal Aid (General Regulations) 2013).  This would cover DWP/LA interviews under caution.  Otherwise, I agree with Paul in relation to civil proceedings.

Thanks for that - I knew there had been recent changes to criminal legal aid so just wanted to check people still could get help this way.

Jane