Legal Aid Impact test
The right to appeal to a First-tier Tribunal is provided for in the Social Security (Scotland) Act 2018. Legal Assistance will continue to be available to individuals to appeal an entitlement decision to the Upper Tribunal, Court of Appeal or Supreme Court.
The Scottish Government does not expect any adverse impact to the Legal Aid system or budget as a result of the introduction of these amendments. Current recipients are already able to access legal aid to appeal entitlement decisions and the amendments will not impact caseload.
Legal Aid is a demand-led budget and will continue to be available to individuals to appeal an entitlement decision to the First-tier Tribunal, to the Upper Tribunal, the Court of Session or Supreme Court. The Scottish Government does not expect any new impact on the Legal Aid budget, and expects legal assistance through the statutory scheme of Advice and Assistance, and Advice by Way of Representation will continue.
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