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Legal Aid
Am I right in thinking that the First tier Tribunal has to grant leave to appeal against it’s decision before a case can attract Legal Help funding?
I seem to recollect that’s the case.
I’ve a situation where I think Counsel might be handy so need to check my knowledge is correct.
If anyone’s interested please yell, although I already have Counsel in mind tbh, just a case of finding someone to instruct.
Cheers!
Hi Dan
The relevant part of LASPO is worded as follows (it’s in schedule 1):
8(1)Civil legal services provided in relation to an appeal on a point of law to the Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit, allowance, payment, credit or pension under—
(a)a social security enactment,
(b)the Vaccine Damage Payments Act 1979, or
(c)Part 4 of the Child Maintenance and Other Payments Act 2008.
So I think that legal aid will not be granted until permission is given (either by the FtT or the UT) as until permission is given there is no appeal.
[ Edited: 24 Jan 2014 at 01:38 pm by nevip ]Hi Dan
The case will fall into scope once you have received either permission or refusal to appeal to UT from the FTT. The step of requesting permission to appeal directly to the UT does then fall within scope.
It is the Law Centres Federation who have the contract for UT work in the midlands (and also South East).
Thanks
Corin
still not much info on the LCN site re the service
http://www.lawcentres.org.uk/our-work/welfare-benefits-upper-tribunal-service
(another) tangential post ....
new regs out today - the Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014 - that implements the removal of civil legal aid for cases with borderline prospects of success ...