Threat of JR unlocks four month benefit stalemate
In March this year, ‘Alison’, aged 19, came to see us at the law centre. She was referred to us by Birmingham and Solihull Women’s Aid who had accommodated her in one of their refuges on the basis of her homeless application to Birmingham City Council. The Council had accepted the full homeless duty to the claimant on the basis she was homeless and in priority need. Alison had moved in to the refuge on 30 November 2011 and had applied for Jobseekers’ Allowance but it had not been put into payment. She was desperate; had not received any benefits for 4 month; and had been surviving on food parcels and hand-outs from the refuge.
Alison’s relationship with her mother had always been uneasy and finally broke down completely in early October 2011. She was kicked out of the family home and has not returned since. It became clear that the JSA application had been refused on the basis that her estranged mother was still receiving Child Benefit for her. Indeed, Alison’s mother had continued to receive Child Benefit without a break despite the fact that Alison had left school 12 months before leaving home and had worked in a call centre for 10 months. This was full time paid work for which she paid tax and national insurance.
Despite the fact that the DWP could very easily have cross referenced her tax and national insurance payments as evidence of her Mother’s fraud, they told Alison it was her responsibility to contact the Child Benefit in order to resolve the problem of the conflicting benefits claims. Child Benefit then of course refused to deal with Alison on the basis of the Data Protection Act. She was stuck in a loop unable to remove the obstacle to her entitlement to JSA and the DWP were unwilling to help either.
On the basis that matters were clearly urgent, we decided to issue the DWP solicitors with an immediate pre-action letter threatening Judicial Review. This triggered a very quick response from local DWP managers, resulting in a counter payment being issued within 7 days. As a solicitor agency with a legal aid contract, we are able to undertake Judicial Review work. We have extensive experience of challenges in the High Court and, whilst it was always unlikely that this case would end up being litigated, it was never an empty threat and we were prepared to go to court if necessary. Due to the changes wrought on the legal aid scheme from April by LASPO, this work will be impossible. Welfare Benefits work has been taken out of the scope of legal aid and we will no longer be able to assist clients like Alison.
In the weeks after Alison’s benefits were put into payment, she came to volunteer with us at the law centre. Within a month she had been offered a property and moved out of the refuge. A month after that she had asked us for a reference for the job she had just been offered. This is a good news story and such a positive outcome for our client. We are clearly very proud of the work we did to help Alison but we are equally angry that funding for this kind of case will cease to exist from April leaving us unable to help clients like Alison and at a time when welfare reform and the introduction of Universal Credit are likely to create problems that will only increase the need for legal advice.
By Michael Bates