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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

LSC evidence of income

CAH-Adviser
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Havering Citizens Advice

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Total Posts: 318

Joined: 5 August 2010

Just out of interest does anyone hold a Legal Aid contract? 

I would like to enquire whether you would accept a client in this situation.

Client is owner occupier and has a property valued at £250,000.  She was receiving ESA, however failed the WCA.  She now wishes to appeal and wants assistance today.  The thing is she is not currently receiving a means tested benefit, therefore would not be eligible.

However, once the appeal is submitted she will continue to receive ESA at the basic rate, which will be backdated.  Therefore, she could show later down the line that she was on a means tested benefit for today’s appointment.

I have looked on LSC site but I can not find anything??

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Is there an outstanding mortgage? This can be deducted from the value of the property - if over £100,000 the excess will count as capital.

How about advising the client (on the phone) to draft her own appeal and what to put - explain the process plus needs med certs. This should not take too long.

Then when client is awarded IB ESA (will it be IB based? If Cont based she wont be passported) get her in, sign the LH form then and start doing the work - nothing wrong with this at all.

CAH-Adviser
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Havering Citizens Advice

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Hi,

Thanks for you reply. 

No outstanding mortgage.  I made a telephone cal to the DWP, who confirmed the client was receiving ESA (IB).  Her entitlement stopped on the 4th January 2011.  It was confirmed that when we submit the appeal her entitlement to ESA will be backdated to the 4th.  Therefore, would cover the period the client signed the CW1. I just need to make sure we obtain a new decision letter as evidence.

I have written a full explanation of the above on the evidence part of the CW1.  Do you think the LSC will accept this?  I think it should be ok as long as I obtain the evidence??

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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I agree - backdating entitlement to a passporting benefit does not change the issue of entitlement (via passprting) on date the LH form is signed. I would wait.

CAH-Adviser
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Havering Citizens Advice

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Hi,

Thanks to you both you’ve been a great help!  It’s frustrating though as I have lots of clients in this position at the moment!