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You can use this template if your client wants to appeal against a DWP decision and:

• your client has requested a revision (a mandatory reconsideration) of the decision
• the DWP has refused to revise the decision, and
• the DWP has not provided a mandatory reconsideration notice

This template argues that:

The claimant has a valid right of appeal to the First-tier Tribunal, despite the DWP not providing a ‘mandatory reconsideration notice’, on the following grounds:

1. Reg.7(2) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 provides that a claimant 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.
   
   A response stating that the request for a mandatory reconsideration has been refused is sufficient to show that the application has been considered.
    
2. Rule 22(4)(a)(i) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 states that a claimant must provide a copy of the notice of the result of a mandatory reconsideration with the notice of appeal in any case to which mandatory reconsideration applies. Providing the notice of refusal to revise satisfies this requirement.
   
   In the alternative, as a requirement to provide a mandatory reconsideration notice is a procedural requirement, the tribunal has discretion to waive the requirement if it would be in the interest of justice for it to do so.

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)
• details of any attempts that have been made to get the DWP to provide a mandatory reconsideration notice, including dates and how this was done
• details of any hardship caused by the delay in resolving this

Information about the decision

• the date of the decision your client is challenging (that is, the date of the original decision) and what the DWP decided
• details of the response your client received to their request for a mandatory reconsideration, including 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 (for example, by telephone, letter, journal note) and, if possible, a copy of the response

You can use this template if:

• your client gave an incorrect figure for the amount of their rent when they claimed UC
• when their UC was awarded, the calculation of their entitlement to the housing costs element was based on this incorrect amount of rent
• your client informed the DWP of the correct rent figure within 13 months of the date of the DWP's decision on their claim
• your client's rent had not changed since the date of their claim
• the DWP has superseded the decision and based their award on the correct rent figure from a date later than the first assessment period

If an incorrect rent figure has been reported by a claimant when they make their claim for UC, but this is corrected by the claimant within the time limit for an any grounds revision:

1. the appropriate means of changing the award was by an any grounds revision under reg 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (‘the D&A Regs’)
2. revision under reg 5 allows the Secretary of State to alter the original determination in any case where it does not correspond to the claimant’s correct entitlement, even in circumstances where the claimant was at fault (SSWP v Miah [2024] EWCA Civ 186)
3. the decision of the Secretary of State to supersede the award in these circumstances is incorrect. Reg 32 of the D&A Regs states that a decision which may be revised may not be superseded

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the correct amount of your client's rent from date of their claim
• the amount of rent your client said they were liable for when they claimed UC
• the date your client claimed UC
• the date on which your client notified the DWP of the correct rent figure and how they did this

Information about the decision

• the date from which UC was awarded
• your client's UC assessment period
• the amount of the housing costs element included in their maximum UC from the date of their claim
• the date of the DWP's decision to amend the UC award following receipt of your client's notification of the correct rent figure
• the date from which the correct rent figure was included in the UC award

Note: to give your client instructions on how to download a copy of their UC journal and payment statements use our tool: Make instructions for clients on how to get information from their online universal credit account

You can use this template if:

• your client
  • was residing in Ukraine immediately before 1 January 2022
  • left Ukraine in connection with the Russian invasion on 24 February 2022
  • was granted leave to remain through the ‘Ukrainian scheme’
  • was awarded UC and satisfied the habitual residence test (HRT)
  • subsequently applied to the EU Settlement Scheme and was granted pre-settled status
• as a result of being granted pre-settled status the DWP decided that your client no longer satisfied the habitual residence test and stopped the award of UC

It may be possible to adapt the template for claimants in similar circumstances who arrived from Sudan, Israel, and Palestine.

At the time of the decision to end the award of UC the claimant was exempt from the habitual residence test by virtue of reg 9(1) and (4)(zc)(i) of the Universal Credit Regulations 2013 as they:

1. were in Great Britain
2. were residing in Ukraine immediately before 1 January 2022
3. left Ukraine in connection with the Russian invasion which took place on 24 February 2022, and
4. have been granted pre-settled status under the EU Settlement Scheme, which is leave granted in accordance with immigration rules made under section 3(2) of the Immigration Act 1971

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• your client's nationality
• the date your client left Ukraine [date 2 in the template]
• the date your client was granted leave to remain under the Ukraine Scheme [date 3 in the template]
• the date your client claimed UC [date 4 in the template]
• the date your client was granted pre-settled status under the EU Settlement Scheme [date 6 in the template]
• the date your client requested a mandatory reconsideration (MR) of this decision to end the award of UC [date 7 in the template]

Information about the decision

• the date the DWP initially decided your client satisfied the habitual residence test [date 5 in the template]
• the date of the DWP's decision that your client was not entitled to UC because they no longer satisfied the habitual residence test [date 1 in the template]
• the date the DWP provided reasons for its decision that your client was no longer entitled to UC [date 8 in the template]
• the date of the MR notice they received after requesting a MR of the DWP's decision to end the award of UC [date 9 in the template]
• if your client was notified of a UC overpayment, the date of the notification [date 10 in the template]

You can use this template if:

• your client did not report their housing costs when they claimed UC
• your client reported their housing costs to the DWP within 13 months of the DWP’s decision to award UC
• the DWP has included a housing costs element in their UC maximum amount only from the start of an assessment period related to the date that your client had told them about the housing costs, not from the start of the award
• the housing costs had not changed since the initial application

If a claimant did not provide information about their housing costs when they claimed UC, but this is corrected by the claimant within the time limit for an any grounds revision:

1. the appropriate means of changing the award is by an any grounds revision under reg 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (‘the D&A Regs’)
2. revision under reg 5 allows the Secretary of State to alter the original determination in any case where it does not correspond to the claimant’s correct entitlement, even in circumstances where the claimant was at fault (SSWP v Miah [2024] EWCA Civ 186)
3. the decision of the Secretary of State to supersede the award in these circumstances is incorrect. Reg 32 of the D&A Regs states that a decision which may be revised may not be superseded

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the amount of your client's housing costs from the date of their UC claim
• the date on which your client notified the DWP of their housing costs and how they did this
• the reasons why your client did not inform the DWP of their housing costs when they made their claim
• the date your client submitted the appeal

Information about the decision

• the date of the DWP's original decision to award UC to your client
• the date from which UC was awarded
• your client's UC assessment period
• a breakdown of the DWP's calculation of the UC award for your client's first assessment period following their UC claim
• the date of the DWP's decision to amend the UC award following receipt of your client's notification of their housing costs
• if possible, a copy of the notification of this decision (for example either a letter or journal note)
• the date from which the correct housing costs included in the UC award

Note: to give your client instructions on how to download a copy of their UC journal and payment statements use our tool: Make instructions for clients on how to get information from their online universal credit account

You can use this template if all of the following apply:

• your client has requested a mandatory reconsideration and not received a response at all or not received a response within a reasonable time
• your client is experiencing hardship as a result of the delay
• your client has provided all the evidence that DWP has asked them for

When not to use

Do not use this template if:

• your client has received a mandatory reconsideration notice, the correct route is to appeal
• there has not been an unreasonable delay, you must need a quicker decision, not only want one
• the original decision letter says you cannot request a mandatory reconsideration or you have no right of appeal

The main legal arguments in this template are:

• Under R(C & W) v Secretary of State for Work and Pensions [2015] EWHC 1607 (Admin), the Secretary of State for Work and Pensions is under a duty to consider all claims for benefit within a 'reasonable time'. What counts as a reasonable time depends on the circumstances, including the impact on the claimant and the complexity of the case.
• The duty to make a decision within a reasonable time applies equally to decisions to 'revise' under s.9 Social Security Act 1998 (SSA) as to decisions on claims under s.8 SSA.
• Comparison can be made with decisions by the Local Government Ombudsman on housing benefit, which found that three months was an unreasonable delay, and delay is unreasonable if it causes injustices such as the loss of the home.
• The government’s stated purpose for introducing the mandatory reconsideration process was "to deliver timely, proportionate and effective justice for claimants, make the process for disputing a decision fairer and more efficient". Therefore, unreasonable delay contravenes this stated purpose and is unlawful.
• Delay in carrying out mandatory reconsiderations of habitual residence test (HRT) decisions disproportionately affects non-UK nationals as they are more likely to receive negative HRT decisions in the first place. Therefore, unreasonable delay in considering a mandatory reconsideration request of an HRT decision amounts to unlawful discrimination contrary to Article 14 ECHR in conjunction with Article 1, Protocol 1.

Information about your client

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

Background facts

Such as:

• family situation
• nationality/immigration status
• housing details
• any health difficulties or disabilities your client has
• any capacity issues or vulnerability your client has
• what financial hardship your client is experiencing as a result of the subject matter of the mandatory reconsideration request
• any risk that your client will be unable to afford to pay for their housing, heating or food, any need to use food banks
• any detriment to your client's health and welfare or to any of their family members' health and welfare

Information about the decision

• the reason for your client's mandatory reconsideration request, including the relevant law
• the evidence your client has provided to the DWP to support their request and how DWP responded, including dates
• dates of all relevant contacts and decisions
• whether and when your client notified the DWP of their hardship, and how and when the 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.

Mandatory reconsiderations: refusal and delay

Where the need to seek revision before appeal applies (not HB - see JR145: Local authority refusal to award housing benefit for mesne profits), there is a right of appeal against the decision to refuse to revise for official error (PH and SM v SSWP (DLA)(JSA) [2018] UKUT 404 (AAC)). In order to succeed in that appeal you need to show:

• that your application for revision (ie the application they have refused) specifically mentioned official error, and
• that the decision itself was made in consequence of official error

However, where your client has not been advised of their appeal rights, or has been told that they don't have a right of appeal, or your client is homeless or destitute, you may also consider sending a pre-action letter.

'Unreasonable' delay

When working out whether a delay is 'unreasonable', consider that:

"the average (median) waiting times for mandatory reconsiderations are 57 calendar days for PIP, 51 calendar days for universal credit, and 10 calendar days for employment and support allowance (ESA) work capability assessments."

Tom Pursglove House of Commons written answer 31/10/22

Right to reside

This letter will need editing to confirm your client has a qualifying right to reside, ie, if they are not British or Irish that they have either:

• EU Settled Status, or
• EU Pre-Settled Status and a qualifying Right to Reside under the EEA Regs, or
• applied to the EU Settlement Scheme and is awaiting a decision and has a qualifying Right to Reside under the EEA Regs, or
• leave to enter or remain in the UK other than pre-settled status or leave to enter as a holder of an EUSS Family Permit of Travel Permit, or
• non-EEA leave to remain