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updated on 17 July 2017
Victims of the Grenfell Tower fire who receive money from the government’s emergency discretionary fund and/or other charitable sources will still also be able to access legal aid, the government has confirmed following pressure from the Law Society.
In response to the fire, the government set up a £5 million emergency Grenfell Tower Residents’ Discretionary Fund, from which residents whose homes have been destroyed will each receive £5,500 toward food, clothing and other essentials. Nonetheless, the Law Society was concerned that these payments could be taken into account by the Legal Aid Agency when it comes to means test residents’ applications for legal aid. However, after calls to clarify the situation the government has signed a statutory instrument which will give the Legal Aid Agency the power to disregard those emergency payments when considering residents’ applications.
Joe Egan, president of the Law Society, said: "We are pleased that the effect of lump sum emergency payments on eligibility for legal aid has been addressed for the residents of Grenfell Tower. State funding is still available for some legal issues that people affected by the Grenfell fire are facing and we have been liaising with the Legal Aid Agency to ensure the emergency payments made to residents of Grenfell Tower – from government and charities – will not affect survivors’ eligibility for legal aid…The regulations tabled in Parliament come into force today and give the Legal Aid Agency wide discretion to disregard the emergency payments from means testing. This is vital as those who may most need legal aid are those who are most likely to have also received lump sum payments to help begin to rebuild their lives.”