Just a quick question, if someone goes from income support to job seekers whilst in receipt of funding from legal aid, does this just carry on or do they have to apply again? Is JSA a passporting benefit??? Doubt anyone will be able to answer this but just wondered.
Income based JSA is a passported benefit, contribution based JSA is not.
Income based JSA is usually given to people who either a) have not paid enough national insurance to qualify for contribution based; b) have been on contribution based JSA for an extended period of time.
So for example a wife loses her job. She applies for JSA and gets contribution based. After (I think) 6 months she no longer qualifies and her household must be income assessed. If her husband earns too much then she will not receive any JSA.
If it''s IB JSA then legal aid will be unaffected. If it''s CB JSA then the recipient of legal aid will have to be income assessed (which if JSA is the only source of income they will pass but it will take time).
I believe that a legal aid claim would be put on hold while the income assessment is done. The solicitor would still be able to represent at hearings using devolved powers if they believe that the client will receive legal aid again.
Hope that answers your question. In all likelihood if transferring from Income Support to JSA it''s going to be Income Based.