DWP refusal of new claim advance when survivor of domestic abuse changes from a couple to single UC award and the perpetrator has taken the final couple payment

You can use this template if all the following apply:

• your client is a survivor of domestic abuse
• your client previously had a joint UC award with the perpetrator of that abuse and, when the perpetrator moved out, your client completed a change of circumstances on their online UC account
• the DWP brought the joint UC award to an end and treated your client as having made a new claim as a single claimant
• the final payment from the recent joint award was paid to the perpetrator of the abuse who has not shared it with your client
• your client requested an advance payment in respect of their new single award but this was refused on the basis that they had sufficient money to last until the first UC payment due to the last payment from the couple award
• until this payment, your client has extremely limited, or no, income on which to cover their basic needs.

When not to use

Do not use this template if your client has not explained their circumstances to the DWP and provided, or explained why they cannot provide, evidence requested by the DWP.

Under Regulation 9 Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment Support Allowance (Claims and Payments) Regulations 2013 further to the claimant's notification to the DWP that they are no longer in a relationship/part of a couple with their ex-partner, an award has been made to them as a single claimant without the need to have made a new claim. 

Under regulatuon 21 Universal Credit Regulations 2013 when an award of UC is may under reg. 9(6) (above), the claimant maintains the same assessment period dates as they did on their former joint award.

Section 5(1)(r) Social Security Administration Act 1992 provides that regulations may provide for the making of a payment on account of benefit. Regulations 5 & 6 of the Social Security (Payments on Account of Benefit) Regulations 2013 lay out the conditions under which a payment on account of benefit may be made. The claimant meets the conditions under reg. 6 SS(PAB) Regs as they are in financial need until their new single award is determined and paid. 

Eremia v Republic of Moldova (3564/11) found member states to be in breach of Article 14 when they fail to adequately protect domestic abuse victims. Failure to treat claimants such as C differently amounts to discrimination contrary to Article 14 ECHR in exercise of A1/P1.. 

Information about your client:

• name
• address
• national insurance number
• date of birth

Background facts 

Such as:

• housing, children, disability
• evidence (eg, police reports) of domestic abuse, and whether this included financial abuse
• how and when the DWP was notified of the domestic abuse and what evidence was provided
• name and national insurance number of ex-partner (if possible)
• the bank account that the couple UC award was paid into
• the date the ex-partner moved out or that your client left the property
• the date your client notified the DWP of their relationship breakdown and how they did so
• the date of the last payment of the joint award and who this was paid to
• details of how ex-partner has taken and spent the money leaving it unavailable to your client
• the date your client is due to be paid the first payment of UC single award
• details of your client's limited income and which expenses your client is unable to cover
• the effect of the DWP's refusal on your client's mental or physical health 
• any other details of hardship

Information about the decision

• the date your client requested an advance payment to help cover basic expenses until their first UC payment and any evidence they provided to support their request
• the date of the refusal, how the DWP responded and the reason it gave for the refusal (quote from your client’s journal)

We've created this guide to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.

Thanks to Hackney Community Law Centre for drafting and sharing this template.