Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if he will make an assessment of the potential merits of providing funding for (a) legal and (b) other expert support at benefits tribunals.

At the First-tier Tribunal, proceedings are designed to be straightforward and accessible to all. The tribunal panel is trained and experienced in dealing with a wide range of appellants with individual needs. Accordingly, the Department does not consider that it needs to provide any advocacy funding at this level.

Legal Aid, which is administered by the Ministry of Justice (MoJ), is still available for advice and assistance on welfare benefits appeals to the Upper Tribunal, Court of Appeal and Supreme Court. At the First-tier Tribunal, Legal Aid may be available through the exceptional case funding scheme, if failure to provide Legal Aid may risk a breach of an individual’s human rights.

At all appellate stages, claimants are able to appoint a representative to assist with their appeal and there is helpful signposting to free support available on gov.uk at: https://www.gov.uk/appeal-benefit-decision/submit-appeal