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 the decision has been changed on mandatory reconsideration”. This is a success for your client. 

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


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)


Claimant commitment: UC

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

Claimant has child aged 3 or 4

Claimant has child aged 5 - 12

Claimant has child aged 13 +

Mental health 


Claim closure: UC

Claim closed due to failure to attend interview or failure to provide Identity or R2R evidence 


Claims

Refusal to accept a UC claim in advance - care leaver - updated June 2019 in light of DWP response received

Refusal to accept a UC claim in advance - prison leaver 


Deductions: 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


Delays in decision making (see also Mandatory Reconsideration below)

Delay in deciding a new claim: UC (following a positive HRT decision and including housing costs)

Delay in making an HRT decision (and consequent delay in UC)

Failure to make enquiries to establish HRT - UC


Discretionary Housing Payments

Refusal of a DHP - disability, adaptation and terminal illness (NOTE will need adapting for your local authority, please seek assistance if needed: jrproject@cpag.org.uk)


Disputed earnings: UC

Real Time Information incorrectly reported (last updated July 2019)

UC assessment period – refusal to apportion earnings (failure to apply Johnson ruling)

 


Elements: UC

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

Failure to pay LCWRA element from start of claim when moving from ESA


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  

Refusal to pay contribution based ESA pending an appeal of a WCA decision


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 - updated May 2019 (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

If you have EU national clients with pre-settled status who have been refused universal credit on or after 7 May 2019 the letter below sets out the argument that they can rely on their pre-settled status. The DWP are unlikely to back down if sent this letter- therefore if you have a client affected by this rule please email CPAG as we are keen to take on such cases directly (jrproject@cpag.org.uk). 


Housing Benefit

Refusal to pay housing benefit calendar monthly  

Failure to exercise discretion not to recover an HB overpayment


Housing Costs: UC

'Untidy tenancy' - social housing 

Liability for rent when not named tenant

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


Mandatory reconsideration

UC delay in providing MR decision

UC failure to process phone/journal/face2face 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