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Dependents for legal aid?

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08 May 12 #329076 by xxxxhelpxxxx
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Hello,

Slightly strange one maybe.

I have applied for legal aid. I have 2 daughters and 1 grandson outing with me. The grandson belongs to my youngest who is 15. She is still in ft education, as is the older one.

She gets the child benefit for him, I get it for her. Tax credits accept that he is my dependent as does NHS bursaries.

Will legal aid take him as my dependent? Because he is dependent on my money because my daughter cannot claim anything herself.

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08 May 12 #329121 by TBagpuss
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I think if the benefits system accetps he is your dependent so will the Legal Services Comission,,but you can ask your solicitor to double check.

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08 May 12 #329190 by xxxxhelpxxxx
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Thank you. It makes a difference between me qualifying for legal aid and not. The guidelines say that grandchildren dont count but nothing about my situation. My solicitor is checking with the legal services commission.

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28 May 12 #333539 by xxxxhelpxxxx
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I have just heard back from my solicitor and he is not my dependant!!! Not quite sure whose he is then. My daughter cannot support him on £20 per week child benefit!!!

Is there anyway to appeal this decision?

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28 May 12 #333542 by WYSPECIAL
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Would it make any difference if you claimed the CB for him yourself?

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26 Jun 12 #339393 by xxxxhelpxxxx
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I would like my daughter to have "some" sort of independence by getting Child Benefit for her son. If I claim it myself I would only get £13ish/week for him rather than £20 she would get.

The figures I have used on the Legal Aid calculator via Direct.gov are:

3 people financially dependant on me but receive child benefit for 2 of them.

Income:

£9096 p/a - NHS bursary payment
£2324 p/a - Student loan
£165 p/w child tax credit
£134 4/weekly - child benefit
£580 p/m - housing benefit

Expenditure that is taken into account is:

£825 - rent

According to the calculator I am eligible but the solicitor still says I am not :(

I am going to try to call the LSC tomorrow to ask them.

Can anyone shed any light?

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