A NEW RULE BOOK –
ADVICE AND WELFARE
RIGHTS
GARY VAUX – Chair LGA Social
Security Advisers Group
The demand…….
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1 million people transferring from Incapacity
Benefit/income Support to Employment and
Support Allowance (2011-2013) – 16% expected
to be refused
Higher refusal rate for ESA claims already
July-August 2010 – ESA/IB appeals increased by
56 per cent on the same quarter last year
Disability Living Allowance being replaced by
Personal Independence Payment (2013-2015) –
20% reduction in caseload and expenditure
…and demand……..
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Greater “conditionality” and sanctions for
JSA claimants (2012)
Changes to Local Housing Allowance
(2011 onwards)
Changes to Council Tax Benefit (2013)
Abolition of discretionary Social Fund –
local authority taking on some
responsibilities (2013)
Introduction of Universal Credit (2013)
…and demand.
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Changes to child tax credit (April 2011 onwards)
Changes to working tax credit, especially child
care (April 2011)
Changes to Child Support (introduction of fees?)
Abolition of Education Maintenance Allowance
(January/June 2011)
Higher levels of
unemployment/debt/repossessions at least on
temporary basis.
Supply
4-way support at present: Job Centre Plus/Local Pension Service
 CAB; law centres; advice agencies etc
(local and national funding)
 Local authority welfare rights services
 Legal aid – private or voluntary sector
Job Centre Plus/Pension Service
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Retaining some provision but moving to
phone-based and web-based service
rather than home or office visits
Voluntary Sector
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Ending of ‘credit crunch’ funding for many
organisations
Reduced funding at national level (e.g.
RNID) or local level (grant-aid)
Reduced donations
Part-funding from Legal Services
Commission contracts at risk – except for
telephone-based services
Local Authority Welfare Rights
Services
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Non-statutory service (although some
duties e.g. combating child poverty; links
with charging policies)
No clear national picture yet but many
WRU’s report cuts or cessation of funding
Significant overlap between social care
client group and those affected by welfare
reform (ESA/DLA especially)
Legal Aid
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£351m cut from £2.1b budget as part of
CSR.
Funding withdrawn from most cases
involving family disputes, clinical
negligence, debt, education, immigration,
employment, housing and welfare benefit
cases (some exceptions)
547,000 fewer cases eligible for help
Legal Aid
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Financial criteria changed - full legal
assistance will only be granted for those
with less than £1,000 in disposable capital
(currently £3,000), after which a minimum
contribution of £100 will be required.
The Community Legal Advice helpline will
be transformed into the single gateway to
civil legal aid services, including specialist
support.
Legal Aid – welfare benefits and
debt
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£22m to be saved by withdrawing legal aid from
113,000 people who get legal aid to help with
Tribunals and 10,000 who appeal to Upper
Tribunal – expectation is that claimant will
represent themselves and get support from local
welfare rights services.
A further 75,000 cases involving debt will also be
affected. Exceptions to be made for those whose
homes are at immediate risk.
Legal aid – impact on voluntary
sector
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2009/10 - 300 specialist CAB case
workers, funded by legal aid, dealt with
over 40,000 welfare benefit cases, close to
60,000 debt cases, more than 9,000
housing cases and 3,000 employment
cases. These accounted for more than a
fifth of all publicly funded cases in these
areas.
Legal Aid
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All legal help and representation is to be
removed for appeals to the employment
appeal tribunal including unfair dismissal,
redundancy, discrimination, strike action,
and wages issues such as equal pay
Consultation ends Feb 14th
www.justice.gov.uk/consultations/legalaid-reform-151110.htm
Squaring the circle
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How will demand and supply be matched?
Improved quality of administration and
decision-making to reduce need for
representation?
More volunteers?
Transfer of work from statutory to
voluntary sector – perceived to be
cheaper?
Quality control?