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You can use this template if:

• your client has been refused universal credit on the ground that the DWP considers they are 'receiving education'
• your client is a student and is
  • not a 'qualifying young person' for UC
  • not on a course of full-time advanced education
  • not on a course of full time education and getting a student loan or grant for their maintenance
• your client submitted a fit note to the DWP
• the DWP did not set any work-related requirements for your client (because the DWP decided your client was not entitled to UC before deciding their work-related requirements)

Note: If your client does not fit into these circumstances, there may be other grounds for arguing that they should be entitled to UC. For further information see Benefits for students in our Welfare Benefits Handbook

A claimant should not be excluded from UC on the ground that they are 'receiving education' if:

1. they are not a qualifying young person as defined by reg 5 of the Universal Credit Regulations 2013 (UC Regs)
2. they are not undertaking full-time course of advanced education
3. they are not undertaking a full-time course of study or training at an educational establishment for which a student loan or grant is provided for their maintenance, and
4. their course is compatible with any work-related requirements that have been imposed on them.

This is because they do not fall within the definition of 'receiving education' as set out in reg 12 UC Regs.

To complete this template you need the following information.

Information about your client

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

Background facts

• details of whether your client has health problems or is disabled and how these affect them
• details of any disability benefit your client gets (including which components and the rates of the components)
• whether your client is likely to meet the definition of a 'disabled person' under the Equality Act
• if your client has an appointee, their appointee's name and their relationship to your client
• details of the course of study your client attends including
  • the level of the course
  • the course subject
  • the date the course started
• the date your client claimed UC
• the start date and period(s) covered by the fit notes your client gave to the DWP
• the date booked for your client's first claimant commitment appointment
• the date your client requested a mandatory reconsideration of the DWP's decision
• the date your client submitted the appeal

Information about the decision

• the date of the DWP's decision that your client was not entitled to UC
• 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 relating to this decision

You can use this template if:

• your client is appealing against a decision of the DWP
• the notice of the DWP's decision does not state that they cannot appeal without first asking for a revision of the decision (making a mandatory reconsideration request)

This template submission argues:

1. When reg 7 of the Universal Credit etc. (Decisions and Appeals) Regulations 2013 applies, a person only has a right of appeal under section 12(2) of the Social Security Act 1998 if the Secretary of State has considered on an application whether to revise the decision under section 9 of that Act.
   
   However, reg 7 only applies when written notice of a decision includes a statement to the effect that there is a right of appeal in relation to the decision only if the Secretary of State has considered an application for a revision of the decision. (Reg 7(1)(a) and (b))
   
   If a decision notice does not include such a statement, reg 7 does not apply and there is a right of appeal without the Secretary of State needing to have first considered revision (that is there is no 'mandatory reconsideration' requirement in such cases).
    
2. In these circumstances, a claimant is not required to provide a copy of a mandatory reconsideration notice with the notice of appeal as the requirement in rule 22(4)(a)(i) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 only applies to cases to which mandatory reconsideration applies. 

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• If your client has already submitted their notice of appeal, the date this was submitted.

Information about the decision

• the date of the decision which your client is challenging and what the DWP decided
• a copy of the decision notice (this could be a copy of a decision letter or a UC journal note if no letter has been provided)

You can use this template if:

• your client made a late request for a revision (mandatory reconsideration) of a DWP decision
• your client's revision request was received more than one month after the date of the decision but within 13 months of the date of the decision (ie, within the absolute time limit)
• the DWP refused to consider revising the decision because it decided that your client did not meet the criteria for extending the time limit for requesting a revision

The claimant has a valid right of appeal to the First-tier Tribunal, as established in the case of R(CJ) and SG v SSWP [2018] AACR 5. The circumstances are analogous to those considered in that case, in that:

1. the claimant requested an any grounds revision (a mandatory reconsideration) more than one month but within 13 months after the original decision.
2. the Secretary of State for Work and Pensions (SSWP) refused to extend the one-month time limit for revision

The claimant meets the procedural requirements for appealing as set out in Rule 22 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 as the appeal is being submitted within one month of receiving notice that the SSWP declined to consider mandatory reconsideration (Rule 22(2)(d)).

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the date your client submitted their mandatory reconsideration request and how this request was made (for example by telephone, letter, journal note)
• why your client was not able to submit the mandatory reconsideration request earlier than they did, for example physical or mental health problems and if possible, evidence of these
• whether your client explained why their request was late to the DWP and if so, the reasons they gave to the DWP

Information about the decision

• the date of the decision your client is challenging (that is, the date of the original decision)
• the date of the DWP's decision to refuse to carry out a mandatory reconsideration, the reasons given for this and how your client was informed