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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.

Use this template if all of the following apply

• Your client was receiving ESA and in the ESA support group when they claimed UC.
• Your client has received payment(s) of UC that do not include the LCWRA component and/or been told they must have their capability for work assessed before the LCWRA element can be included in their award. Your client may be being required to undertake inappropriate work search or work related activity by their claimant commitment.  
• Your client has sought a mandatory reconsideration of the decision not to include the LCWRA element and the DWP has refused and not advised your client of their appeal rights, or has not responded within a reasonable time. 

When not to use

If your client has lodged an appeal of the decision not to include the LCWRA element straightway do not use this template. See instead Request for an appeal to be dealt with urgently

The main legal arguments in this template are:

• Under Regulation 19 Universal Credit (Transitional Provisions) Regulations 2014, a UC claimant who was entitled to ESA immediately prior to claiming UC and had been, in respect of ESA, determined to have LCWRA (ie, is in the support group), must be treated as having LCWRA and the LCWRA element must be included from the start of their UC award.
• The DWP’s Advice for Decision Making paragraphs G3002, G3003 and F5001 confirm that the result of a work capability assessment (WCA) done for ESA applies equally to a subsequent claim for UC and that the UC LCWRA element must be included in the new UC award straightaway. 

Information about your client

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

Background facts relating to your client

• circumstances
• household
• disability
• any other benefits they are getting
• when their capability for work was assessed for ESA and they were found to have LCWRA
• when and for how long the support component was included in their ESA award
• when they made a new claim for UC and why  

Information about the failure to include the LCWRA element in UC award

• when they first received a UC payment without the LCWRA element
• subsequent UC payments without the LCWRA element
• how and when they challenged/queried the absence of the LCWRA element
• the response(s) received from the DWP
• if they have since undergone a WCA
• the results of the WCA
• any subsequent payments of UC with the LCWRA element

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.

Use this template if all the following apply:

• Your client is a carer (ie, cares for someone receiving PIP daily living component, attendance allowance, or child disability living allowance care component for 35 hours per week or more).
• Your client receives an award of universal credit (UC) which started before they became a carer, or before they were awarded carer's allowance.
• Your client notified the DWP when they became a carer within one month 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, or your client has been awarded carer's allowance and asked for their UC award to be superseded from the start of the assessment period in which they became entitled to carer's allowance.
• No decision has been received refusing the carer element or your client's reasons for notifying late.
• An unreasonable time has passed since your client notified the DWP they had become a carer and/or were awarded carer's allowance.  

When not to use

Do not use this template if:

• The DWP has asked for further evidence and this has not been provided.
• The carer element or your client's reasons for notifying late have been refused, or your client's award has only been superseded from the start of the assessment period in which they notified the DWP they had become a carer and/or been awarded carer's allowance, 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 29 Universal Credit Regulations 2013 entitled to the carer element if they have 'regular and substantial caring responsibilities for a severely disabled person'.
• The DWP are 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 supersession 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'.
• Alternatively, under reg 31 Universal Credit etc (Decisions and Appeals) Regulations 2013, if a claimant has been awarded carer's allowance and sought a UC supersession to include the carer element on this basis, the supersession takes effect from the first day of the assessment period in which the claimant became entitled to carer's allowance, regardless of when the claimant notifies the DWP. 

Information about your client

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

Background facts relating to your client

• details of the person they care for and when they started caring
• details of the disability benefits of the person they care for
• your client's family situation
• if relevant, your client's housing details
• any health difficulties or disabilities your client has
• any capacity issues of vulnerability your client has
• 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
  • any impact on their ability to care for the person they care for
     

Information relating to the decision

• the date your client became a carer
• whether they have claimed carer's allowance and if refused, why they are not entitled to carer's allowance, or the date from which they have been awarded carer's allowance
• the date, and how, your client notified the DWP that they had become a carer and/or been awarded carer's allowance
• what evidence your client provided to support their request and how this was provided
• how the DWP has 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.

Use this template if all the following apply:

• your client has been overpaid UC
• the overpayment was a result of official error by the DWP
• the DWP are recovering the overpayment through deductions from your client’s UC
• your client is in financial hardship
• a request has been made to DWP Debt Management to waive recovery of the debt
• the DWP has refused to waive recovery or has not responded to the request after a reasonable time

When not to use

Do not use this template if:

• your client has not already requested a waiver in writing to DWP Debt Management and it has not been refused, or
• your client has requested a waiver in writing but DWP Debt Management have not yet had a reasonable time to respond (6 weeks).

The main legal arguments in this template are:

• Under s71ZB Social Security Administration Act 1992 (as amended) (SSAA 1992) the Secretary of State for Work and Pensions (SSWP) has the discretion to recover, or not, any overpayment of UC.
• In R(K) v SSWP [2023] EWHC 233 (Admin), the SSWP failed to exercise their discretion lawfully as they did not take material considerations into account when making the decision not to waive recovery of the overpayment, including
  • that the overpayment arose from official error
  • that the claimant was experiencing financial hardship
  • that the claimant acted in good faith, timeously provided all the information required to the DWP, took all reasonable steps to clarify their entitlement and to prevent any UC overpayment by actively querying their entitlement
  • that the claimant relied on the overpayment to their detriment by spending the extra money on day-to-day living expenses such that the overpayment was irretrievably lost
  • whether it was in the public interest, having regard to all the circumstances, to recover the UC overpayment
• DWP staff guidance Benefit Overpayment Recovery Guide further confirms these are factors which should be considered and  there is a public law duty for the DWP to follow published guidance. 

Information about your client

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

Background facts relating to your client

• their family situation
• their nationality/immigration status
• their housing details
• any health difficulties or disabilities
• any capacity issues or vulnerabilities they have
• what financial hardship your client is experiencing as a result of the recovery of the overpayment and the effects of this such as:
  • 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
• whether your client has spent the overpaid benefit and on what, for example, day-to-day living expenses

Information relating to the decision

• the reason for the overpayment and how it occurred
• the dates of relevant decisions
• specific errors made by the DWP
• any steps your client took to clarify their position relating to the award of benefit and the relevant dates
• how and when your client was notified of the overpayment
• how the overpayment is being recovered
• whether the DWP has been notified of hardship, how and when, and how and when have they 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.

This letter can be edited for any failure to exercise discretion not to recover an overpayment of UC. If you need help to edit it please contact [email protected].