Judicial Review pre-action letters

The following links are to pre-action protocol template letters. We hope you find them useful. This list is being constantly updated, so please check back if you cannot find the letter you are looking for, or contact us to see if it is something we are planning to produce: jrproject@cpag.org.uk

Email address for pre-action protocol letters: legal.queries@dwp.gov.uk 

THESE LETTERS ARE FOR USE IN ENGLAND AND WALES. If you intend to use any of these letters in Scotland, please use with caution as changes will be needed. Some changes are detailed here

It is possible that the DWP will respond to your letter along these lines: "Judicial review is inappropriate. However on this occasion… we have amended the decision”. This is a success for your client. 

Please give us feedback if you have used any of the letters by answering this quick survey.

Bedroom tax

UC refusal of 'run on after a death' in new claim - previous joint PC claim

UC refusal of 'run on after a death' in new claim - previous joint ESA claim


Benefit Cap (following a death)

UC refusal of 'run on after a death' in a new claim - BENEFIT CAP- previous joint IS claim (note this assumes the claimant is male and therefore has fewer discrimination arguments than the other letters, you may wish to cut and paste some grounds from the BEDROOM TAX letter if your client is female)

UC refusal of 'run on after a death' in a new claim - BENEFIT CAP- AND refusal of carer element in line with carers allowance 8 week run-on - previous joint Income Support claim (note this assumes the claimant is male and therefore has fewer discrimination arguments than the other letters, you may wish to cut and paste some grounds from the BEDROOM TAX letters if your client is female)


Carers (following a death)

UC refusal of carer element in line with 8 week carers allowance run-on after a death

DWP acceptance of argument in letter above

UC refusal of 'run on after a death' in a new claim - BENEFIT CAP- AND refusal of carer element in line with carers allowance run-on - previous joint Income Support claim (note this assumes the claimant is male and therefore has fewer discrimination arguments than the other letters, you may wish to cut and paste some grounds from the BEDROOM TAX letters if your client is female)


Claims

Refusal to accept a UC claim in advance - care leaver - update pending in light of recent DWP response received

Refusal to accept a UC claim in advance - prison leaver 


Deductions from UC

Refusal to reduce reduce rent arrears deduction below 20% (when total deductions are less than 40%)

Total deductions exceed 40% of standard allowance (client not in work) This letter is complex, please feel free to contact us if your client does not have all the deductions detailed in the template


Disputed earnings: UC

Real Time Information incorrectly reported - CPAG are looking for more information about the RTI Dispute Process and this letter includes an information request. Please let us know how they respond: jrproject@cpag.org.uk

UC assessment period – refusal to apportion earnings


Elements: UC

Failure to pay LCW or LCWRA element from start of claim when moving from ESA - pending


Employment Support Allowance

Failure to send an ESA50 and termination of contribution based ESA after 365 days without assessment of entitlement to income related ESA  


EU settled status:

SETTLED STATUS (DO NOT USE THESE LETTERS FOR PEOPLE WITH PRE-SETTLED STATUS AFTER 6TH OF MAY 2019)

Refusal of UC when has indefinite leave to remain under EU settlement scheme - updates pending as eligibility for those with settled status is now confirmed 

Refusal of IS when has indefinite leave to remain under EU settlement scheme - updates pending as eligibility for those with settled status is now confirmed 

 

PRE-SETTLED STATUS AFTER 6TH OF MAY 2019

New Regulations come into force on 7th May 2019 which limit the rights of people with pre-settled status. Please use this letter and / or contact CPAG if you have EU national clients with pre-settled status who have been refused benefits as CPAG may be interested in pursuing this issue (jrproject@cpag.org.uk). 

Refusal of UC when has limited leave to remain under UC settlement scheme - updated May 2019


Housing Benefit

Refusal to pay housing benefit calendar monthly  


Housing Costs: UC

'Untidy tenancy' - social housing 

Liability for rent when not named tenant - pending 

Insistence of full housing costs being paid to landlord by DWP - pending


Mandatory reconsideration

UC delay in providing MR decision

UC failure to treat phone call as MR request (failure to provide MR decision/delay)

Refusal to accept a late tax credit MR request


National insurance numbers - updated May 2019

CPAG are monitoring NINo requirements. Please let us know how the DWP respond to these letters: jrproject@cpag.org.uk

UC one partner of a couple not EEA/refugee

UC one partner of a couple refugee

UC EEA national with Right to Reside

UC refugee 

The DWP have advised that claimants should NOT apply for a NINo before they apply for UC (if they do not have one already), they should use the DWP internal process when making their UC claim to ensure their NINo arrives before their 1st UC payment is due (ask at the Jobcentre. They will need to complete form: DCI1B)


Refugees

Failure to offer a UC ‘new claim advance’ – refugee

Incorrectly required to meet HRT for UC – refugee

UC incorrect requirement for a NINo – refugee - updated May 2019

UC incorrect requirement for a NINO – partner of a refugee - updated May 2019

CPAG are monitoring NINo requirements. Please let us know how the DWP respond to these NINo letters: jrproject@cpag.org.uk


UC claimant commitment

Claimant works part time, is carer and has a child

Claimant has baby aged under 1

Claimant has baby aged 1

Claimant has child aged 2 - pending

Claimant has child aged 3 or 4

Claimant has child aged 5 - 12

Claimant has child aged 13 +

Mental health - pending