Speeches

Lord Beecham – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Lord Beecham on 2016-05-18.

To ask Her Majesty’s Government what is their estimate of the annual saving in legal aid costs as a result of the withdrawal of legal and advice in relation to benefits appeals.

Lord Faulks

Legal aid for welfare benefits appeals is limited to advice and assistance on a point of law in the Upper Tribunal, Court of Appeal and Supreme Court, including applications to the Upper Tribunal for permission to appeal. Legal aid is also available for judicial reviews of welfare benefit decisions and claims about welfare benefits relating to a contravention of the Equality Act 2010.

Given the need to focus limited resource on the highest priority matters, legal aid is no longer generally available for other welfare benefits matters. Although many people rely on benefits, these cases primarily concern financial entitlement and, as such, do not raise such fundamental issues as cases concerning liberty or safety.

The Impact Assessments published at the time LASPO received Royal Assent provided estimates for the reductions in legal aid spending for matters within the welfare benefits category, It was estimated that volumes would fall by 135,000 or 98% and spend by £25m or 97%. As part of the LASPO Post Implementation Review, the department will make an assessment of whether this reduction has been achieved. The impact assessments published alongside LASPO are available on the gov.uk website.