Oral Answers to Questions

Andy Slaughter Excerpts

Tuesday 11th January 2011 Commons Chamber

[Mr Djanogly]

The question of expenses, which would be included in what my hon. Friend mentions, is mentioned in the consultation document. If he gets in touch with me, I will specifically make sure that it caters to the point that he has raised.

[Mr Andy Slaughter (Hammersmith) (Lab)]

In answer to a recent question, the Minister stated that appeals against decisions on incapacity benefit were 65% more likely to succeed if the appellant were represented. If we apply that to all areas of social welfare law where he is proposing to cut legal aid, that would mean at least 40,000 people each year losing appeals that they would win today solely because of the lack of representation. In the light of that and of the answer that he has just given to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), will he withdraw his earlier claim that individuals will be able to prepare their appeals without formal legal assistance, and reconsider these draconian cuts, which will hit the poorest hardest?

[Mr Djanogly]

In most cases, individuals will be able to appeal to the first-tier social security and child support tribunal without formal legal assistance. Legal aid is not currently available for legal representation as the appellant is required only to provide reasons for disagreeing with the decision in plain language. For those who need assistance on welfare benefits matters, which I think was the point the hon. Gentleman went on to make, advice and assistance is available from, for example, Jobcentre Plus, the benefits inquiry line and the tribunal itself.