Where do I stand with legal aid?

Hello everyone I found this site today by chance. I thought I would post this question to see if any of you have been or are in a similar situation as myself.

My husband left me last month. We have no children. I am disabled. He was my full time carer. I went to file for divorce and the solicitor informed that I do not qualify for legal aid. Which I find unusual as I went to divorce him in 2008 was in receipt of the same benefits then and qualified for legal aid.

My only income is incapacity benefit and a work pension of £96 a week. I also receive highest rate DLA care and mobility components.

I thought DLA was a tax free payment for disabled people and not taken into consideration as income.

I was told by the solicitor that they also have to take my incapacity into consideration.

I could have help if I was on ESA or income support. I explained that ESA replaced incapacity and by 2014 all those who are still in receipt of incapacity will all be on ESA but it is a gradual process, it is just that there are no more claims for it as it has now been replaced with ESA.

I rang another solicitor they said no too.
So I did an online assessment that said I was entitled to it. I rang legal aid they said yes too but I cant get a solicitor to realise ESA replaces incapacity.

Has anyone been in a similar situation?
Or in receipt of the same benefits as myself and receiving legal aid.
Does anyone have any suggestions?

Looking forward to your replies.

Unfortunately the benefits situation is bewildering at best and is difficult to pin down. Those solicitors that do carry out publicly funded work are not necessarily benefits experts...

If you complete the assessment online at the LSC/CLS website and print off the result then return to your solicitor of choice, this might go some way to clarifying the situation.

Unfortunately the availability of public funding has been reduced over recent years and those that were entitled recently are not so now although I would be surprised if you were not entitled in light of the information that you have posted.

Charles