Millions of Britons face postcode lottery for free benefits and help to appeal

Around 47 million people across England and Wales do not have access to sufficient legal aid support, according to research carried out by the Law Society. The law organisation found an estimated 23 million people fail to get legal aid to address their housing issues. Legal aid is the Government-funded provision of assistance to people who are unable to afford legal representation and access to the court system. As people who are on benefits are on low income, many require legal aid to challenge the DWP’s decision regarding their payments.

Whether someone is eligible for legal aid depends on the type of case someone is in court for and how much they make a year. In non-criminal civil cases, involving the DWP, benefit claimants must prove they do not have the financial capacity to pay for legal costs and must show their problem is serious. Anyone involved in a civil case must provide their personal information, including their regular income, benefits amount, savings and property. However, legal aid may not cover all the fees for cases.

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Earlier this year, Stephanie Boyce, the Law Society’s President, outlined the multiple societal issues that arise from a lack of legal aid provision. Ms Boyce said: “A fair society has a legal system where rich and poor are equally able to access justice. For rights to be real, everyone who is entitled to state-funded legal advice to uphold their rights should be able to get that advice when they need it. Our analysis shows people on lower incomes who face terrifying legal issues from domestic abuse to homelessness or who need to challenge inadequate care or education from their local authority increasingly can’t get the expert legal advice to which they are entitled.”

Once a legal advisor has been assigned for you or chosen by you, they will apply for legal aid on your behalf. If someone ends up qualifying for support, the amount received from the Government will be directly paid towards the cost of a case against the DWP. Upon the first meeting with a legal advisor, one must bring copies of benefits statements, National Insurance number and bank statements. Furthermore, other important documents such as marriage and birth certificates will need to be shared.