Hi - We've consulted the Manual and the forum contributions on changes in circumstances, so we think we're clear about the difference between income and capital, and difference between dramatic and significant changes. Our problem is whether we can open a case knowing that money is due to the client that would then make them ineligible - but don't know when this might happen!
These are the scenarios (two in one week - unheard of!):
Client A has a compensation claim agreed that would constitute a dramatic change in circumstances. Her solicitor expects payment in November. We assume because we know it's due soon that we can't open this as LSC.
Client B has made a criminal compensation claim. She expects it to be agreed; but has no idea how much it would be for or when she might get it. She has also been told by her mortgage company that she is due a refund from them, again no idea how much or when due. We are inclined to assume because this is all still unknown in terms of dates and value, that we can open the case and deal with the changes in circumstances IF they occur while the case is open.
Would really appreciate some guidance on this! Many thanks.
I think you could open both as in the first case the money has not been received and how definate is the planned payment.
Think of it in a different approach if they were on Income Support they would be passported until any later capital payment removed the passporting benefit.
Secondly if the first matter was concluded fully and completelly before November then I a case could be opened in any event.
Me I would be tempted to open it in any case with loads of justification as set out above.
However with all the potential problems with the LSC I understand your approach.
Many thanks for this, ikbikb! It's so useful to have another opinion - and the suggestion of the other way of looking at the scenarios. Very helpful.
We've decided to open the second case under LSC, but the first one has some other issues that may impinge further on eligibility, so we are dealing with that under other funding.
Post by Patrick Torsney on Oct 18, 2011 8:23:10 GMT
I'd agree that the second one is likely to be fine - the client is not 100% certain it is going to be agreed for one thing. For another, the amount she may receive is also unclear. So yes, if and when the client receives the money then you need to consider the change in circumstances
I'd say the first one is more iffy. She has "agreed" the compensation claim and expects payment. Presumably the amount is known etc. On this basis alone, the only way I would say you should even consider opening this as a matter would be if the LSC gave you a funding decision via the means enquiry line/email. As it is, you say there are other issues and you're leaving it under other funding anyway so job done
