DWP failure to decide a UC supersession request to include a new child element at all or within a reasonable time

Use this template if all the following apply:

• Your client receives an award of UC which started before they became responsible for the child(ren) in question.
• Your client notified the DWP when they became responsible for the child(ren) and provided any evidence requested, or notified DWP within 13 months and had a good reason for notifying the DWP late which has been explained to the DWP.
• No decision has been received refusing the child element(s) or your client's reasons for notifying late.
• An unreasonable time has passed since your client notified DWP they had become responsible for the child(ren).

When not to use

Do not use this template if:

•  the DWP has asked for further evidence and this has not been provided, or
• the child element or your client's reasons for notifying late have been refused, in which case your client should seek a mandatory reconsideration and then appeal.

The main legal arguments in this template are:

• The claimant is, under reg 24 Universal Credit Regulations 2013, "responsible for a child or qualifying young person".
• The DWP is under a duty to decide a supersession request within a reasonable time (R(C and W) v SSWP [2015] EWHC 1607). (Admin).
• Under  reg 35(1) and schedule 1 of the Universal Credit etc (Decisions and Appeals) Regulations 2013, a supersession due to a change of circumstances takes effect "from the first day of the assessment period in which that change occurred" if the claimant notifies the DWP within one month or under reg 36 within 13 months if it is "reasonable to grant the extension".

Information about your client

• name
• address
• national insurance number
• date of birth (DoB)

Background facts relating to your client

• their family situation, including the the relevant child's details (name, DoB)
• if relevant, their housing details
• any health difficulties or disabilities
• any capacity issues of vulnerability they have
• what financial hardship your client is experiencing as a result of the delay
  • any risk to their being able to afford to pay for their housing, heating or food
  • any need to use food banks
  • any detriment to their health and welfare or to any of their family members' health and welfare
     

Information relating to the decision

• the date your client became responsible for the child(ren)
• the date, and how, your client notified the DWP that they had become responsible for the child(ren)
• what evidence your client provided to support their request and how this was provided
• how DWP responded including dates

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.

If the child has turned 16 or 18 and their child element has stopped without the DWP checking if the child is still in education, you should appeal this decision. 

This letter applies to a new entitlement to a child element, not to failure to continue a child element. 

This letter assumes the award is not affected by the two child limit. 

If you need help to apply the alternative paragraphs for late notification, please send your letter to: [email protected] and we can review it.