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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1287
Experience:  Expert
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I received a backpayment from dwp that was over 3000 am I

Customer Question

I received a backpayment from dwp that was over 3000 am I still entitled to legal aid I don't have any other savings
JA: Where are you? It matters because laws vary by location.
Customer: Buckinghamshire
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Ok
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
The backpayment was because of an error of the dwp
Expert:  MARTINT330 replied 16 days ago.
Hello, I am happy to help with your enquiry today.
Customer: replied 16 days ago.
Hi thank you so much
Customer: replied 16 days ago.
I do not wish to talk on phone
Customer: replied 16 days ago.
I'm happy to write on here
Expert:  MARTINT330 replied 16 days ago.

I understand you have received an offer of a call however you can choose whether to accept it or not. I am happy to continue here on the online chat function. Please bear with me as I am typing my own response.

Customer: replied 16 days ago.
Thank you very much
Expert:  MARTINT330 replied 16 days ago.

In this case, to get legal aid, you usually need to show you cannot afford to pay for legal costs and that your problem is serious. You will have to give details and evidence of your income, benefits, savings and property, and those of your partner. If you’re under 18, you may need to give information about your parents’ or guardians’ income.

Your financial situation is not taken into account for cases about:

  • mental health tribunals
  • children in care
  • child abduction

However, you may also have to provide evidence about your problem, for example in a divorce case by providing a court order or GP letter showing that you or your child have been a victim of abuse.

Ultimately, you may check it here if you qualify for legal aid: https://www.gov.uk/check-legal-aid

Expert:  MARTINT330 replied 16 days ago.

Is there anything else I can help with today?

Customer: replied 16 days ago.
Ok so this is specifically for my housing situation
Customer: replied 16 days ago.
I was given a section 21
Customer: replied 16 days ago.
I don't have savings but I received a backpayment from dwp that was 9000
Customer: replied 16 days ago.
Which I have needed to use and some of the money I have put aside .. how will it work when it comes to legal aid
Customer: replied 16 days ago.
I still have over 3000
Expert:  MARTINT330 replied 16 days ago.

As stated during my initial response, you may check it here if you qualify for legal aid: https://www.gov.uk/check-legal-aid

Once you enter the online form, there will be an option to select a category.

Customer: replied 16 days ago.
just needed to find out if the amount that was backpayed from dwp is taken into consideration when applying for legal help regarding housing
Expert:  MARTINT330 replied 16 days ago.

In most cases, being on some benefits can help you qualify for legal aid.

Customer: replied 16 days ago.
As a solicitor knowing the information I have given you, would I still be entitled to legal aid? I struggle to use these platforms
Customer: replied 16 days ago.
It's really just the backpayment I need advice about
Customer: replied 16 days ago.
If that is considered as savings or not?
Expert:  MARTINT330 replied 16 days ago.

Legally speaking, yes you should be eligible for legal aid.

Customer: replied 16 days ago.
Ok that's great even if I still have 5000 of the backpayment?
Customer: replied 16 days ago.
Thanks
Expert:  MARTINT330 replied 16 days ago.

As to your other query, no it will not be considered as your savings.

Expert:  MARTINT330 replied 16 days ago.

Yes, indeed. Is there anything else I can help with?

Customer: replied 16 days ago.
Thank you, ***** ***** I submit my bank statements to a solicitor and they see the amount I have in my bank that its over 5000 will they disregard it
Customer: replied 16 days ago.
I will then get full legal aid?
Customer: replied 16 days ago.
I don't have any other savings other than what dwp backpayed me
Expert:  MARTINT330 replied 16 days ago.

I would like to ask these questions first:

  1. Do you own any property? 
  2. Do you have a partner? Is your partner employed?
  3. Do you have any children aged 15 or under?
  4. Do you have any dependants aged 16 or over?
  5. Do you have any valuable items worth over £500 each?
  6. Are you or your partner (if you have one) aged 60 or over?  

Customer: replied 16 days ago.
No to all
Expert:  MARTINT330 replied 16 days ago.

Which benefits do you currently receive? 

Customer: replied 16 days ago.
Universal Credit and pip
Customer: replied 16 days ago.
Housing benefit
Expert:  MARTINT330 replied 16 days ago.

I see. In that case, you're eligible for a legal aid.

Customer: replied 16 days ago.
Thank you, ***** ***** does the solicitor work out the money in my bank as the backpayment is still in the same account my benefits go into
Expert:  MARTINT330 replied 16 days ago.

You may also contact Civil Legal Advice (CLA) to confirm this. You may call them on 0345 345 4 345

Customer: replied 16 days ago.
I spoke to then and they didn't know
Customer: replied 16 days ago.
They told me to ask a law firm
Customer: replied 16 days ago.
I was just confused as to how the Solicitors would work out my amount in my account as its in same account as my regular benefits go into
Expert:  MARTINT330 replied 16 days ago.

We can only offer online information and guidance in a Q&A format, we are not a law firm. You might need to ring round quite a few solicitors but you can search by postcode and specialism on the Law Society website: www.lawsociety.org.uk

Customer: replied 16 days ago.
Ok thanks
Expert:  MARTINT330 replied 16 days ago.

No problem. Thank you for your enquiry today, please do not hesitate to contact us in future.

Expert:  MARTINT330 replied 16 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.