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Jackson & Canter Solicitors back reintroduction of legal aid for some welfare benefit appeals but warn

Liverpool law firm Jackson & Canter Solicitors has welcomed the reintroduction of legal aid to Upper Tribunal appeals to help those challenging welfare benefit decisions.

But the firm’s Welfare Rights adviser Frank Durnion warned that by the time legal aid kicks in, some cases may already have been lost where people represent themselves.

“Reinstating legal aid in these cases, after it was abolished last year, is a positive move as it gives the most vulnerable in society the ability to challenge the decisions of the court to remove their benefits,” said Frank.

“But legal aid is only available for Upper Tribunals. That means there are three stages before you reach the point where you are eligible for legal aid. Where this can be a problem is if you try to introduce statements or evidence at the Upper Tribunal that were not submitted at the beginning, as the tribunal is only allowed to rule on the evidence originally submitted.

“In addition you cannot make an Upper Tribunal appeal simply because you do not agree with a decision. You have to be able to identify relevant points of law which can make them difficult to secure.

“If you are successful in gaining an Upper Tribunal, it can only reassess the evidence which has already been presented. They cannot accept new evidence and the arguments made in an Upper Tribunal appeal are very specific and complex legal ones. This means if a benefits claimant gets even a tiny detail wrong or uncovers a piece of evidence too late, the case may already be lost.”

As one of a small number of city firms specialising in these cases, Jackson & Canter offers a fixed-price service in the initial stages to ensure each case is as strong and comprehensive as possible so that if a further appeal is required, they give their client the best chance of success.

“By taking legal advice at the outset you can make certain that no stone has been left unturned,” said Frank. “When you are appealing against the decision of an organ of state like the Department for Work and Pensions, it is critical that you do not give them the opportunity to deny your case.”

For advice on welfare benefits and appeals contact Jackson & Canter Solicitors on 0333 321 4580.

This was posted in Bdaily's Members' News section by Dan Minchin .