Legal Aid and Housing Benefit

[Anna0910]

Hi, I have an unusual question, hoping anyone can help me.

Basically, as a lone parent student I am eligible for housing benefit but I do not want to claim it so I can qualify for legal aid. Is that possible or allowed? I mean, will the LSC question why I am not claiming Housing Benefit etc.

I have lost my legal aid entitlement last year due to childcare grant (LSC take it as Income but doesnt take into account the nursery payment!) Stupid system. So this year i am thinking of not claiming housing benefit as I will have less childcare grant but not sure if thats possible.

Also, I want to claim less student loan than my maximum eligibility, will the LSC still calculate the max amount anyways, since its my choice to borrow less?

Any advice would be much appreciate it.

Deliberate deprivation of income isn't allowed, and you will be assumed to still have that income.

Why do you need the legal aid? As that has changed a lot and doesn't cover the costs of everything it used to, since the cuts.

I would speak to citizens advice bureau about your whole situation tbh and see what they suggest.

Do you need legal aid if you can afford to not claim these benefits ?

I have been to CAB but they cant advice anything relating to student. I have been involved in court proceeding for child contact the last 2 years in the high court, hence with barrister cost and everything else I cannot afford the cost. I live in a council flat so low rent. So the comparison is, 400 hundreds pound off of my rent with thousands of pound legal cost.
By paying rent, I will have very little to live on from my student loan, my ex refuse to pay child maintenance. I am paying full childcare cause my child is under 3. i cannot work, again due to legal benefit entitlement.
So my options are quitting my study and just live on benefit or find ways around it...

are you a university student?

Yes I am dangerousliaison. Will be doing my second year next year and have been self litigant during my first year.

Is it worth the legal costs or would it be more beneficial for your child to have a parent with a degree & more able to get a good job? Have a good long look at what you are fighting for, I don't know your circumstances but know a lot of parents fighting over contact with ex's & the find that said ex's don't actually use the amnount of contact they gain.

i just used the calculator for legal aid, your financial situation should be similar to mine as Im uni student single parent to 1 child and your income should be no more than 733 per month to qualify.

i think if you do not claim the maintenance loan and still claim HB this bring your income down to the threashold. as my maintance loan is just under 5k a year. the rest is made up of grant and that is around 5k a year. thsi does not include student finance towards child care. so my over all student income from student finance englan is about is just over 9k. You may be able to claim a harship payment from your own uni each term which you do not need to declair on income related forms etc. I am just about to claim one now to help me through the summer, but my friend has claimed every term so far as well as summer. I have opened another bank account to get it payed into, that may be something to do just incase anyone questions it.

You need to decide soon so that you get student finance on time in september. Have a play around with the legal aid calculator including no hb and full student grand and loan, you will not need to include what student finance pay to uni for fees. then also add with hb and no student loan only grant. i dont get full hb anyway as student, think mine works out around half my rent.

If you have a good finance centre at uni I would make an appointment and seek advice from them, mine are great.

LIZS I think the issue is not affording to loose benifits but what is best viable financially. Im a student parent and can just about afford to live on what would be similar to OPs income, let alone loose or the added preasure of paying out thousands of legal fees.

what is lost in benifits will be a fraction of what she pays in legal fees, also the nature of paying upfront lumpsum fees are difficult to manage on a low income, where as budgeting the loss of a hundren pound or so a month would be not easy by any means but more managable as far budgeting goes.

so rather than I think op is caught between a rock and a hard place.

sorry drip feeding op but i just rememberewd you can stipluate what amount of maintanence loan you claim so you may find you are able to claim a small amount.

Thanks dangerousliaison, it is an unusual circumstances and I understand where people are coming from. But yes, whats a few hundreds pound off compare to the legal cost. A day in court with a barrister cost over 2500. My ex can afford it cause he's on legal aid, talking about income deprivation.