We are committed to providing expert advice on welfare benefits issues. Given that almost all members of society, at some time in their lives, have found themselves reliant upon state benefits of one kind or another, this is an important area of legal expertise. Ironically, whilst more people find themselves requiring advice, it is in fact increasingly hard to find in legal practices.
We believe that this area of law is essential to our current practice in the Public Law field generally. It helps us to provide an holistic range of services to families and to disabled and elderly people. Our welfare benefits specialist also provides the weekly advice session at Meltham "Crossroads Centre" (Tuesday mornings). http://www.melthamcrossroads.co.uk/
We also offer a professional service to solicitors and legal advisors from other firms who may not have the expertise to deal with this very specialised area of the law. In order to assist you with your inherent duty to maximise your client's income in Court of Protection Work or in Employment Law we offer a complete welfare benefits check.
The check will involve a detailed analysis of your client's health and their financial circumstances to ensure they are receiving all of the state benefits to which they are entitled.
A report will be compiled for your client's file based upon the findings. This will either confirm that all benefits are being paid correctly or advice on benefits which should be claimed.
Benefit Fraud Checks
We can offer an expert Welfare Benefits report to assist you in cases where clients have been accused of alleged Benefits fraud.
In many cases the accusation has arisen due to a genuine misunderstanding of the inherently complex Benefits system. We can advise you of the burden of proof that the Decision Maker has to satisfy before a negative decision can be reached upon a claim. We can also advise you whether your client would actually qualify for the benefit they have claimed, based upon their circumstances.
We can also advise you as to the technical steps the relevant Benefit office should have taken when reaching decisions on your client’s claim, this is especially important where the Benefit office are claiming that benefits have been overpaid.
Very often these steps are overlooked and the oversight must be addressed before a benefit decision, and any resulting fraud allegation, can be made.
It is not uncommon in cases where the Decision Maker has failed to follow the correct procedure that the Tribunal set the negative decision aside.
Our report will ensure you have the information available to challenge the decision, both on a procedural and legal basis.
Please contact Susan Cawtherley for further information and details of fees charged.