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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 6026
Experience:  LLB (Hons)
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I received a backpayment from dwp that was over 3000 am I

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I received a backpayment from dwp that was over 3000 am I still entitled to legal aid I don't have any other savings

Hello, how are you today?



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear in my next response. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response.


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What is the case that you need legal aid for - what type of law?

Customer: replied 16 days ago.
Housing

What was the backpayment for?

Customer: replied 16 days ago.
Pip and they made an error in not giving me the correct amount initially and it went to a tribunal, then I received a backpayment of 9000

Legal Aid is assessed on a variety of things, including income, capital, savings etc., so the £3k you have in the bank may have an impact as it is a lump sum.  But you won't know until you make an application for legal aid and the solicitor assesses you.

You can try the online assessment for yourself; it takes details from you including about your finances so is relatively accurate in assessing whether you are eligible for legal aid or not: www.gov.uk/check-legal-aid

Alternatively you can find a legal aid solicitor at the following link and ask them to carry out an assessment for you: solicitors.lawsociety.org.uk

Customer: replied 16 days ago.
Ok so would I count the backpayment as savings?

If you have a lump sum in your account youhave to declare it. Whether it is taken as savings or not will be determined by the Legal Aid Board.

Customer: replied 16 days ago.
I see, I did read up online that if a backpayment was made because of an error of dwp then its not counted as savings do you know if this is true?

My understanding is that the Legal Aid Board will carry out a financial assessment, so you will have to go via that route to find out whether the payment of an underpayment counts as income/savings or not.

SASH_Law and other Property Law Specialists are ready to help you
Customer: replied 16 days ago.
Ok thanks

You're welcome.

All the best.

Customer: replied 16 days ago.
Thanks
Customer: replied 16 days ago.
to you

Thank you.

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All the best!