This is why it is important that there is Legal Aid for
people with benefit problems who are appealing to benefit Tribunals. These are
the cases that will not get help from April next year.
Peter is schizophrenic. He doesn’t always take his meds. He
was evicted on my watch a few years back for rent arrears (he didn’t sort out
his benefit documents because- quite frankly- he’s a bit mad). We got him back
under a roof after he was released from hospital. Now he has failed his benefit test because at
his benefits interview he told the ATOS professional
he’s right as rain, able to work. They took
him at his word (kerching!).
Peter comes into our office wearing a builder’s safety
helmet, bright yellow, like the Village People. He jabbers on. Anybody
with common sense can tell he’s very ill.
The difficult legal issue we have representing him is that he
has told the authorities that he is perfectly well. We must tell the tribunal
that, contrary to our instructions, we think our client is very ill indeed.
Complicated legal issues arise.
Paul is a dedicated teacher. His wages vary and the details
of his family composition vary, and he sends details of the changes in his
circumstances to the Housing Benefit Authority from time to time, as he should
do.
After a few years he receives a 28 page letter telling him that he owes
£17,000.
The legal issue at Tribunal is, firstly, is there an overpayment of benefits-yes- and secondly is it
recoverable. The common sense rules are that if there is an official error
these sums are not recoverable- unless Paul should have reasonably understood
that the officials were at fault.
More complicated legal issues are in play.
At the Tribunal hearing the Judge decides that Paul could not have reasonably
known that he was being overpaid. The
debt is written off. He keeps his home.
Peter and Paul have
kept their homes because lawyers argued the law in a Tribunal and won. Yay!
From next April we will be banned from defending Peter and
Paul. The rules will be so refined that unless an unrepresented appellant gets
funding for a second appeal Tribunal, you
can kiss your ass and your home goodbye.
The Parliamentary issue is this. When the long winded titled
Legal Aid and Punishement and Sentencing of Offenders Bill was fought through
Parliament promises were made that appeals on to benefit tribunals on a a point
of law would be funded.
Now in the details we learn that almost no-one will be
represented. It was all a lie.
It makes me sad, it really does. This was what Legal Aid was
invented for. Helping mad people and teachers keep their homes to make society
better.
Appres nous, le deluge.