ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 8: Appeals relating to welfare benefits
841.Paragraph 8 brings within scope civil legal services in relation to a welfare benefits appeal on a point of law in the Upper Tribunal (including seeking permission from the Upper Tribunal to bring a substantive appeal), the Court of Appeal and the Supreme Court. Advocacy before the Court of Appeal and Supreme Court for these cases is in scope by virtue of paragraphs 1 and 2 of Part 3 of Schedule 1.
842.The paragraph covers appeals on a point of law relating to a benefit, allowance, payment, credit or pension under social security enactments listed at sub-paragraph 7(3), as well as the Vaccine Damage Payments Act 1979 and Part 4 of the Child Maintenance and Other Payments Act 2008. The latter two enactments have been included because appeals concerning vaccine damage payments and payments in relation to diffuse mesothelioma are currently treated as part of the welfare benefits category for the purposes of civil legal aid.
843.Sub-paragraph (2) applies the exclusions in Part 2, except for paragraphs 1 and 15. These relate to personal injury and death and civil legal services in relation to a benefit, allowance, payment, credit or pension under certain enactments. Sub-paragraph (2)(b) applies the exclusion in Part 3 of Schedule 1.