mike shermer
Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since 23rd Jan 2004
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RE: legal aid & representation
Wed 16-Feb-05 01:08 PM |
Gareth
Ah, but if it is that simple for a tribunal to arrive at a fair decision, how is it that a claim has to get to that stage in the first case? ....and without specialised advice based upon expert knowledge on the intricies of the law how may claimants would get that far on their own? the figures speak for themselves - 20% unrepresented cases win - of those that are represented, 60% win.
As we both know, Benefits regulations, and in particular DLA regs are wide open to interpretation and many have been almost rewritten over the years by Commissioners/Courts of Appeal/House of Lords etc. If it were that simple, there would be no jobs for welfare rights advisers: if it were that simple there would be little call for a site like Rightsnet, with all the technical discussion that takes place on it most days of the year.
The principle is equal access to the law - Tribunals are the one place where legal aid is not applicable - you can get it for a simple civil offence in a Magistrates court.....
On a final note - by way of example, I don't think an appeal against a living together decision,coupled with an alleged overpayment of £60000 as anything but simple.........
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