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You can use this template if:

• your client made a claim for UC (the 'first UC claim')
• they didn't attend the initial evidence meeting and so their UC claim was refused (that is, they were notified their claim had been ‘closed’)
• they subsequently made another claim for UC (the ‘second UC claim')
• they attended an evidence of identity interview in connection with the second UC claim and proved their identity
• UC has not been awarded from the date of the first UC claim

If your client has not made a second UC claim this template can be adapted for use, provided that they can prove their identity (for example, at appeal).

The legal arguments in this template include:

1. There is no legal concept of ‘closing’ a claim. The ‘closure’ of a claim can be interpreted as a refusal to make an award in respect of the claim.
2. Reg. 37(2) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI No. 381) (the ‘UC(C&P) Regs’) allows the Secretary of State to require a person who has made a claim for UC to provide information or evidence.
3. Applying the principles set out in Kerr and R(H) 3/05, a failure to satisfy reg. 37 does not in itself provide the basis for a determination that a claimant is not entitled to universal credit. Instead, the decision maker should make a decision on entitlement on the basis of the information available.
4. Although a negative inference may be made from the failure to attend an initial evidence meeting, if the claimant on application for revision or appeal then provides sufficient evidence of identity the basis for such a negative inference falls away.
5. The First-tier Tribunal can make any decision which the SSWP could have made, taking account of available evidence relevant to the facts in dispute, this includes evidence produced after the date of a decision under appeal if it relates to a claimant’s circumstances at the date of decision (R(DLA)4/05).

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the date your client claimed UC
• the date of the initial 'evidence of identity' meeting they were supposed to attend but did not
• the date your client requested a mandatory reconsideration of this decision
• the date your client submitted the appeal
• if your client submitted a further claim for UC following the 'closure' of their earlier claim
  • the date they did so
  • the date of the subsequent 'evidence of identity' meeting which they attended

Information about the decision

• the date of the DWP's decision that your client was not entitled to UC (that is, the date they were informed their claim was 'closed)
• if possible, a copy of the notification of this decision (for example either a letter or journal note)
• the date of the mandatory reconsideration notice they received after requesting a mandatory reconsideration of the DWP's decision
• if your client submitted a further claim for UC following the 'closure' of their earlier claim
  • the date of the DWP's decision to award UC, if it has been awarded
  • the date from which UC was awarded

Use this letter if your client:

• is terminally ill and has notified the DWP of this by providing an SR1 (or DS1500) form from their doctor or other health care professional
• has had their UC claim 'closed' for failure to accept a claimant commitment

The main legal arguments in this template are:

• The power to allow exceptions to the general rule requiring a claimants to accept a claimant commitment to be entitled to UC is under s.4(2) of the Welfare Reform Act 2012 (WRA)
• Regulation 16(2) Universal Credit Regulations 2013 (as amended)  (UC Regs) provides an exception for claimants who are terminally ill.
• Terminal illness is defined by reg 2 UC Regs as 'suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 12 months'.
• Under DWP's guidance, 'Terminal Illness', evidence of terminal illness is confirmed when a SR1 (or DS1500) form is provided, unless there is 'good reason' to doubt the information it contains.
• Even if DWP's definition of terminal illness is not met, 'exceptional circumstances' allowing an exception from the claimant commitment may still apply under DWP guidance ADM J1205.
• In requiring your client to accept a claimant commitment, when your client has provided an SR1 (or DS1500) form, and refusing to make or terminating their UC award, the DWP have failed to follow the law and their own guidance.

Information about your client

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

Background facts relating to your client

• household/family situation
• other income including Personal Independence Payment award details if relevant
• disability/medical details
• date they claimed and were awarded UC

Information relating to the decision

• date SR1/DS1500 form provided to DWP and by whom
• terminal illness and prognosis (as per that form)
• details of the claimant commitment your client was required to accept, how this was notified to them and why they could not accept it
• contact with DWP and how they responded
• details of financial hardships/debts
• effect on health, etc    

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.