A NEW RULE BOOK – A NEW RULE BOOK – ADVICE AND WELFARE ADVICE AND WELFARE

RIGHTSRIGHTS

GARY VAUX – Chair LGA Social GARY VAUX – Chair LGA Social Security Advisers Group Security Advisers Group

The demand…….The demand…….

1 million people transferring from Incapacity 1 million people transferring from Incapacity Benefit/income Support to Employment and Benefit/income Support to Employment and Support Allowance (2011-2013) – 16% Support Allowance (2011-2013) – 16% expected to be refusedexpected to be refused

Higher refusal rate for ESA claims already Higher refusal rate for ESA claims already July-August 2010 – ESA/IB appeals increased July-August 2010 – ESA/IB appeals increased

by 56 per cent on the same quarter last year by 56 per cent on the same quarter last year Disability Living Allowance being replaced by Disability Living Allowance being replaced by

Personal Independence Payment (2013-Personal Independence Payment (2013-2015) – 20% reduction in caseload and 2015) – 20% reduction in caseload and expenditureexpenditure

……and demand……..and demand……..

Greater “conditionality” and sanctions Greater “conditionality” and sanctions for JSA claimants (2012)for JSA claimants (2012)

Changes to Local Housing Allowance Changes to Local Housing Allowance (2011 onwards)(2011 onwards)

Changes to Council Tax Benefit (2013)Changes to Council Tax Benefit (2013) Abolition of discretionary Social Fund – Abolition of discretionary Social Fund –

local authority taking on some local authority taking on some responsibilities (2013)responsibilities (2013)

Introduction of Universal Credit (2013)Introduction of Universal Credit (2013)

……and demand.and demand.

Changes to child tax credit (April 2011 Changes to child tax credit (April 2011 onwards)onwards)

Changes to working tax credit, especially child Changes to working tax credit, especially child care (April 2011) care (April 2011)

Changes to Child Support (introduction of Changes to Child Support (introduction of fees?) fees?)

Abolition of Education Maintenance Allowance Abolition of Education Maintenance Allowance (January/June 2011) (January/June 2011)

Higher levels of Higher levels of unemployment/debt/repossessions at least on unemployment/debt/repossessions at least on temporary basis.temporary basis.

Supply Supply

4-way support at present:-4-way support at present:- Job Centre Plus/Local Pension ServiceJob Centre Plus/Local Pension Service CAB; law centres; advice agencies CAB; law centres; advice agencies

etc (local and national funding)etc (local and national funding) Local authority welfare rights Local authority welfare rights

servicesservices Legal aid – private or voluntary Legal aid – private or voluntary

sectorsector

Job Centre Plus/Pension ServiceJob Centre Plus/Pension Service

Retaining some provision but moving Retaining some provision but moving to phone-based and web-based to phone-based and web-based service rather than home or office service rather than home or office visits visits

Voluntary Sector Voluntary Sector

Ending of ‘credit crunch’ funding for Ending of ‘credit crunch’ funding for many organisationsmany organisations

Reduced funding at national level Reduced funding at national level (e.g. RNID) or local level (grant-aid)(e.g. RNID) or local level (grant-aid)

Reduced donationsReduced donations Part-funding from Legal Services Part-funding from Legal Services

Commission contracts at risk – Commission contracts at risk – except for telephone-based servicesexcept for telephone-based services

Local Authority Welfare Rights Local Authority Welfare Rights ServicesServices

Non-statutory service (although some Non-statutory service (although some duties e.g. combating child poverty; duties e.g. combating child poverty; links with charging policies)links with charging policies)

No clear national picture yet but many No clear national picture yet but many WRU’s report cuts or cessation of WRU’s report cuts or cessation of funding funding

Significant overlap between social care Significant overlap between social care client group and those affected by client group and those affected by welfare reform (ESA/DLA especially) welfare reform (ESA/DLA especially)

Legal Aid Legal Aid

£351m cut from £2.1b budget as £351m cut from £2.1b budget as part of CSR.part of CSR.

Funding withdrawn from most cases Funding withdrawn from most cases involving family disputes, clinical involving family disputes, clinical negligence, debt, education, negligence, debt, education, immigration, employment, housing immigration, employment, housing and welfare benefit cases (some and welfare benefit cases (some exceptions)exceptions)

547,000 fewer cases eligible for help 547,000 fewer cases eligible for help

Legal AidLegal Aid

Financial criteria changed - full legal Financial criteria changed - full legal assistance will only be granted for assistance will only be granted for those with less than £1,000 in those with less than £1,000 in disposable capital (currently £3,000), disposable capital (currently £3,000), after which a minimum contribution after which a minimum contribution of £100 will be required. of £100 will be required.

The Community Legal Advice helpline The Community Legal Advice helpline will be transformed into the single will be transformed into the single gateway to civil legal aid services, gateway to civil legal aid services, including specialist support.including specialist support.

Legal Aid – welfare benefits and Legal Aid – welfare benefits and debt debt

£22m to be saved by withdrawing legal aid £22m to be saved by withdrawing legal aid from 113,000 people who get legal aid to from 113,000 people who get legal aid to help with Tribunals and 10,000 who appeal help with Tribunals and 10,000 who appeal to Upper Tribunal – expectation is that to Upper Tribunal – expectation is that claimant will represent themselves and get claimant will represent themselves and get support from local welfare rights services. support from local welfare rights services.

A further 75,000 cases involving debt will A further 75,000 cases involving debt will also be affected. Exceptions to be made also be affected. Exceptions to be made for those whose homes are at immediate for those whose homes are at immediate risk.risk.

Legal aid – impact on voluntary Legal aid – impact on voluntary sectorsector

2009/10 - 300 specialist CAB case 2009/10 - 300 specialist CAB case workers, funded by legal aid, dealt workers, funded by legal aid, dealt with over 40,000 welfare benefit with over 40,000 welfare benefit cases, close to 60,000 debt cases, cases, close to 60,000 debt cases, more than 9,000 housing cases and more than 9,000 housing cases and 3,000 employment cases. These 3,000 employment cases. These accounted for more than a fifth of all accounted for more than a fifth of all publicly funded cases in these areas.publicly funded cases in these areas.

Legal Aid Legal Aid

All legal help and representation is to All legal help and representation is to be removed for appeals to the be removed for appeals to the employment appeal tribunal including employment appeal tribunal including unfair dismissal, redundancy, unfair dismissal, redundancy, discrimination, strike action, and discrimination, strike action, and wages issues such as equal paywages issues such as equal pay

Consultation ends Feb 14th Consultation ends Feb 14th www.justice.gov.uk/consultations/legwww.justice.gov.uk/consultations/legal-aid-reform-151110.htmal-aid-reform-151110.htm

Squaring the circleSquaring the circle

How will demand and supply be How will demand and supply be matched? matched?

Improved quality of administration and Improved quality of administration and decision-making to reduce need for decision-making to reduce need for representation?representation?

More volunteers?More volunteers? Transfer of work from statutory to Transfer of work from statutory to

voluntary sector – perceived to be voluntary sector – perceived to be cheaper?cheaper?

Quality control? Quality control?