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Concerns have been raised that Legal Aid is failing those that it seeks to protect.
The Legal Aid system is being denied to the very poorest because they cannot afford to make the financial contribution required to be accepted.
A report compiled by the Law Society looked at the eligibility of Legal Aid and concluded that the system is flawed as some of those on the lowest incomes were unable to obtain help.
The report highlights that those below the minimum standard income were either excluded or required to make contributions this equates to approximately 30% of the population.
The system is getting worse, Legal Aid funding has been cut by government’s year on year but the eligibility threshold has been frozen for the past eight years meaning in real terms more and more people are becoming ineligible.
The report adds pressure on the government to reverse their thinking and one of the first considerations should be to remove capital assessments from the calculation, most forms of state benefits do not include a capital assessment and the idea that someone needs to sell their house to pay legal costs contradicts the essence of ‘care’.
The changes in eligibility for Legal Aid now means that many of the people the system was designed to protect it is letting down, the system needs to be reassessed with eligibility being brought back in line with the 2010 figures and a change in the exemptions for those on means-tested benefits.
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