Showing posts with label Benefits. Show all posts
Showing posts with label Benefits. Show all posts

Monday, October 30, 2023

TARGET BENEFITS: As Scots politicians raid public cash to prevent unwanted headlines - Law firm clients claim SNP Govt Social Security Scotland Agency are unfairly targeting & delaying PIP payments to disabled, long term sick, abuse victims & Covid victims

Devolved SNP Benefits powers face misuse claims. AMID a series of headlines relating to Social Security Scotland mishandling certain benefits considerations and unexplained lengthy delays in payments of Cold Weather Payments, and Personal Independence Payments (PIP) to the long term sick, disabled, victims of abuse and Covid victims - a law firm has contacted journalists with cases revealing delays, perceived attrition to delay or make difficult applications and appeals, and even cases where disabled claimants feel they are being subtly questioned on their politics.

Journalists have been given access to several clients who told us of sudden, unplanned reviews to their PIP benefits claims including threats to cut off benefits payments to victims of long term disability - and lengthy, confusing telephone consultations in which searching questions were asked of claimants lifestyles and their politics.

In cases now being assisted by legal advice, claimants alleged they were made to fear information on their politics and voting intentions may end up being used as a condition to maintain their current benefits payments.

Material ingathered by claimants - which journalists have now had sight of within their legal representative’s office - does appear to support accusations the new devolved benefits powers - passed to the SNP Government by the Conservative Government at Westminster – are subject to a litany of delays, withholding of, or cancellation of payments and potentially motivated consideration of benefits payments to persons across Scotland in areas where some may consider a ‘target voter pool’ could make a difference in what may become a bitterly contested Scottish General Election in 2026.

Noting the material provided by claimants in just two of Scotland’s local government areas – none of the allegations raised with journalists by solicitors and their clients appear to have been explained by Social Security Scotland in any reasonable way to claimants – who include terminal cancer victims, very seriously disabled persons unable to walk, victims of serious sexual abuse and several long term Covid victims – all of whom claim they are being treated worse than under the DWP system when Personal Independence Payments and related benefits were reserved to Westminster.

And in several cases, journalists have been able to speak with Local Authority staff who backed up issues relating to lengthy delays in payments and unreasonable withholding of benefits.

One Local Authority source said “claimants are being unfairly targeted because of who they are because they are too weak to fight back and we don’t have the staff to help all cases”.

A solicitor representing a PIP claimant said: “People are being seriously let down by Social Security Scotland.”

Information on cases where compensation cash for victims of abuse has been raided by politicians to fund pay rises to stave off strike headlines, and political ventures and other PR related issues which have already been aired in the media.

Several abuse victims who have spoken to journalists now fear their PIP payments may also end up going the same way and “into the hands of desperate politicians trying to cling to power” as one victim told us.

Journalists understand the law firm’s clients are being assisted by an MSP on cases of irregular reviews and unwarranted withdrawal of PIP benefits claims and payments under the SNP Government’s Social Security Scotland.

Solicitors representing the claimants requested journalists not publish material currently in their hands, as they feel clients – particularly those in receipt of Legal Aid - could be maligned in their access to legal advice – until such time more fuller scrutiny and assistance can be provided.

However Justice Diaries has been asked to publish a short list of recommendations to any benefits claimants who feel they may (and should) require to keep careful notes on any interaction or contact whatsoever with Social Security Scotland.

1. Maintain “careful notes” of any contact via phone or personal visits, interviews or consultations regarding your benefits claims.

2. Ask for and note down the names and role of anyone from Social Security Scotland whom you are speaking with and ensure you have an accurate record of what was said.

3. If you are in need of assistance or any form of help for any benefits issues relating to Social Security Scotland – seek out help from your Local Authority benefits team immediately and do not delay.

4. If you feel your benefits claim or PIP payments under the SNP Scottish Government rules are being subject to unwarranted interference or intimidation, you may require to contact a solicitor and seek legal advice without delay.

5. If you are required by Social Security Scotland to attend interviews or consultations, take a witness or someone to assist you.

In the case of “Careful Notes” readers may interpret that recommendation as to how you record information via any means.

It may also be helpful for you to ensure a witness is present to ingather a verbatim, word-for-word account of any telephone interview or consultation you are required to attend.

Social Security Scotland and the Scottish Government were not contacted for comment on this report, as Scottish Government agencies now often ignore or issue delays to media enquiries then ultimately refuse to respond.

However, material scrutinised by journalists – does appear to corroborate claimants experiences now being dealt with by legal representatives, Local Authorities and Disability support groups.

If readers have any similar experiences with Social Security Scotland or concerns about how they are being treated and wish to find help, the advice is to contact your Local Authority Benefits Team and any Disability support groups and your area MSP immediately – and if you feel the need – contact a reputable qualified solicitor who may be able to provide legal advice and representation.

Additionally, it’s always good to contact any Scottish newspaper journalists via their respective news desk or contact details with your story as these are national issues affecting all Scots.

And of course keep journalists informed of related issues you experience in matters addressed in this article at Justice Diaries via our email: scottishlawreporters@gmail.com

Be informed everyone - and inform others to help others, and get the help you need.

Thursday, May 16, 2013

Denied justice due to lack of funds ? Litigants can apply for Exemption from Court fees in Scotland if you are on low income or in receipt of certain benefits

Parliament_House,_EdinburghLacking funds ? Don’t be denied justice just because of court fees WITH the tough financial times and lack of affordable legal representation in Scotland, it is important for those needing to access Scotland’s courts to remember there are avenues available to them to assist in their right to access to justice. One of those avenues is exemption from court fees if you are on benefits.

The following guide is reprinted from the Scottish Courts website regarding court fees, to assist readers who find themselves in such circumstances : Court Fees

There are various fees payable for submitting applications to the court and for lodging documents at different stages of the court procedure. The fees are set out in Scottish Statutory Instruments (referred to as a Fee Orders). These are regularly updated by Fee Amendment Orders.

Scottish Court Service Fees Statement

A summarised version of the Sheriff Court, Court of Session, High Court and Justice of the Peace Court Fees Orders covering the period from 10 December 2012 until 31 March 2015 can be accessed here

Fee exemption

You may be entitled to exemption from paying court fees in the following circumstances:

You or your spouse/civil partner are in receipt of:
  • income support
  • Income-based employment and support allowance
  • Pension credit guarantee credit
  • working tax credit, including child tax credit and gross annual income used for calculation of tax credit is £16,642 or less
  • working tax credit, including a disability element and gross annual income used for calculation of tax credit is £16,642 or less
  • working tax credit, including a severe disability element and gross annual income used for calculation of tax credit is £16,642 or less
You are in receipt of: 
  • income-based jobseeker’s allowance
  • universal credit (from 29 April 2013

If you are applying for fee exemption as you or your spouse/civil partner are in receipt of one of these benefits, you must provide a letter from either DWP or HMRC confirming the receipt of the benefits. Your exemption cannot be processed without proof of receipt of benefits.

You may also be entitled to exemption from paying court fees if:
  • You are receiving civil legal aid in respect of the matter for which the fee is payable (Section 13(2) of the Legal Aid (Scotland) Act 1986 refers); or
  • The fee is payable in connection with a simplified divorce or dissolution of civil partnership application and you are receiving advice and assistance from a solicitor in respect of that application (Legal Aid (Scotland) Act 1986 refers); or
  • The fee is payable in connection with work being undertaken by your solicitor which qualifies for civil legal aid as matter of “special urgency” (Section 36 of the Legal Aid (Scotland) Act 1986 refers).

Applications where fee exemption does not apply:

You cannot apply for fee exemption if you are making an application in relation to commissary proceedings (dealing with a deceased person’s estate) or if lodging a petition for removal of disqualification from driving under the Road Traffic Offenders Act 1988.

Download a fee exemption form.

If anyone requiring to apply for exemption from court fees due to their financial circumstances does encounter too much ‘red tape’ or undue obstructions placed in their applications, Diary of Injustice journalists would like to hear from you, via scottishlawreporters@gmail.com