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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 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

Use this template if all the following apply

• Your client receives universal credit (UC) as a lone parent or couple
• Your client has a baby aged under one year included in their UC award
• Your client is being required by their claimant commitment to undertake work-related activity
• Your client has asked the DWP to change their claimant commitment to include work-focused interviews only and the DWP has refused

This letter assumes that (so can be changed)

• Your client has, on several occasions, contacted the DWP to request changes to their conditionality
• Your client has been sanctioned

When not to use

Do not use this letter if:

• your client has not already asked for their claimant commitment to be changed

The main legal arguments in this template are:

• A 'responsible carer' as defined by s.19 (6) of the Welfare Reform Act 2012 ('WRA 2012') is a person responsible for a child, either as a single individual or as part of a couple where one member is nominated as responsible.
• Your client's child is/was under 1 year old - and was so at the time your client claimed UC and/or was required to sign their current claimant commitment.
• DWP are aware of your client's baby given that the baby is included in their universal credit award. By imposing work-related requirements and refusing to amend your client's claimant commitment, the Secretary of State is unlawfully in breach of s.19 WRA 2012 and indirectly discriminating against them on the grounds of sex (if they are a woman) contrary to the Equality Act 2010.

Information about your client

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

Background facts

Such as:

• when your client started receiving UC and their reasons for applying
• whether they receive UC as a lone parent or couple (include their partner’s date of birth and NINO)
• names and dates of birth of children included in their award
• any disability or additional needs your client has
• any childcare problems your client has and if they have already notified the DWP
• details of your client's current UC conditionality
• whether your client has been able to comply with their current claimant commitment and any difficulties they have experienced in doing so
• consequential losses (financial and emotional distress) arising from inappropriate conditionality and sanctions

Information relating to the decision

• the date and details of your client's request(s) to amend their claimant commitment to include no work-related requirements
• the date and details of how the DWP has responded to your client's request to amend their claimant commitment
• whether your client has been sanctioned, and if so, dates and details
• whether your client has appealed any sanctions imposed as result of non-compliance with their claimant commitment, dates and details

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.

Before using this letter

Your client should 'ask for a second opinion and ask for their claimant commitment to be reviewed' via their UC journal. The DWP stated in correspondence to CPAG (05.05.22):

"the procedure which applies when a claimant does not agree with work-related requirements imposed on them in their claimant commitment is to request a second opinion and ask for their claimant commitment to be reviewed. If the second opinion agrees that the requirements are unreasonable the claimant will be offered a new claimant commitment and asked to accept it. If the second opinion agrees that the original requirements are reasonable, the claimant can accept the commitment or refuse to accept it. In the latter case, the award would be terminated, and the claimant notified of that decision and their rights to a mandatory reconsideration and appeal."

DWP Guidance 'Claimant commitment not accepted (V5)' suggests that "If the second opinion is requested within the cooling-off period, the cooling-off period ends." Though there is no obvious legal basis for this.

CPAG are interested to know if:

1. claimants are told they have the right to a second opinion, and
2. claimant commitments are changed following second opinions in practice

Where a claimant has not accepted a revised claimant commitment (ie, not in respect of a new claim) the consequence of failure to accept is a sanction, as confirmed by the DWP's representative in FO v SSWP (UC) [2022] UKUT 56 (AAC) at para 14. The ADM limits this to where a claimant has not attended a commitments meeting, and does not include that the seeking of a second opinion will end the cooling-off period:

J1036... "Only if the claimant attends the interview as required but refuses or fails to accept the new commitments can the DM consider terminating the award of UC after a cooling off period."

CPAG are interested to know:

1. if claimants are advised that seeking a second opinion will end their cooling off period and that if the second opinion upholds the first opinion, if they do not accept the new commitments, their award will be terminated, and
2. whether seeking a second opinion within the ‘cooling-off period’ in practice ends the ‘cooling -off period’

Face-to-face appointments

If your client is waiting for a work capability assessment and being called into the Jobcentre in person every week and this is inappropriate due to disability, DWP also stated (05.05.22):

"I can confirm that claimants awaiting a work capability assessment should have their claimant commitment tailored to their individual needs including the frequency, length and method of interventions."

As above, ask for second opinion and let CPAG know how DWP respond. A part of this, request reasonable adjustments if it is inappropriate to require your client to attend Jobcentre in person due to their disability. You can use our template: Reasonable adjustments request example re face-to-face JC+ appointments. If DWP say no, please seek advice [email protected].

Administrative Earnings Threshold

The Administrative Earnings Threshold increased on 26/09/22 - ie, the amount a claimant has to earn such that they are not expected to look for additional or higher paid work. DWP newsletter Touchbase stated on 23/09/22:

"It is important to understand that most claimants affected by the AET rise will already be in work and some may already be working as much as they can, depending on their individual circumstances. Initial meetings with work coaches will be to discuss what is reasonable and may include work preparation, to support claimants in preparing to increase their earnings when they are able to. Claimants will be able to agree an individual claimant commitment which reflects their circumstances."

Please contact [email protected] if your client is already working as many hours as they can, yet is being required to look for more.

Use this template if all the following apply

• Your client receives universal credit (UC) as a lone parent or couple
• Your client has a one-year-old baby included in their UC award
• Your client is being required by their claimant commitment to undertake work-related activity beyond the work-focused interview requirement
• Your client has asked the DWP to change their claimant commitment to include work-focused interviews only and the DWP has refused

This letter assumes that (so can be changed)

• Your client has, on several occasions, contacted the DWP to request changes to their conditionality
• Your client has been sanctioned

When not to use

Do not use this letter if:

• your client has not already asked for their claimant commitment to be changed

The main legal arguments in this template are:

1. A 'responsible carer' as defined by s. 19 (6) of the Welfare Reform Act 2012 (“WRA 2012”) is a person responsible for a child, either as a single individual or as part of a couple where one member is nominated as responsible.
2. Your client's child is/was one year old - and was so at the time they claimed UC and/or were required to sign their current claimant commitment.
3. The DWP is aware of your client's baby given that the baby is included in their UC award. By imposing on them work-related requirements other than a work-focused interview requirement and refusing to amend their claimant commitment, the Secretary of State is unlawfully in breach of s. 20 WRA 2012 and indirectly discriminating against them on the grounds of sex (if they are a woman) contrary to the Equality Act 2010.

Information about your client

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

Background facts

Such as:

• when your client started receiving UC and their reasons for applying
• whether they receive UC as a lone parent or couple (include their partner’s date of birth and NINO)
• names and dates of birth of children included in their award
• any disability or additional needs your client has
• any childcare problems your client has and if they have already notified the DWP
• details of your client's current UC conditionality
• whether your client has been able to comply with their current claimant commitment and any difficulties they have experienced in doing so
• consequential losses (financial and emotional distress) arising from inappropriate conditionality and sanctions

Information relating to the decision

• the date and details of your client's request(s) to amend their claimant commitment to include a work-focused interview requirement only
• the date and details of how the DWP has responded to your client's request to amend their claimant commitment
• whether your client has been sanctioned, and if so, dates and details
• whether your client has appealed any sanctions imposed as result of non-compliance with their claimant commitment, dates and details

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.

Before using this letter

Your client should 'ask for a second opinion and ask for their claimant commitment to be reviewed' via their UC journal. The DWP stated in correspondence to CPAG (05.05.22):

"the procedure which applies when a claimant does not agree with work-related requirements imposed on them in their claimant commitment is to request a second opinion and ask for their claimant commitment to be reviewed. If the second opinion agrees that the requirements are unreasonable the claimant will be offered a new claimant commitment and asked to accept it. If the second opinion agrees that the original requirements are reasonable, the claimant can accept the commitment or refuse to accept it. In the latter case, the award would be terminated, and the claimant notified of that decision and their rights to a mandatory reconsideration and appeal."

DWP Guidance 'Claimant commitment not accepted (V5)' suggests that "If the second opinion is requested within the cooling-off period, the cooling-off period ends." Though there is no obvious legal basis for this.

CPAG are interested to know if:

1. claimants are told they have the right to a second opinion, and
2. claimant commitments are changed following second opinions in practice

Where a claimant has not accepted a revised claimant commitment (ie, not in respect of a new claim) the consequence of failure to accept is a sanction, as confirmed by the DWP's representative in FO v SSWP (UC) [2022] UKUT 56 (AAC) at para 14. The ADM limits this to where a claimant has not attended a commitments meeting, and does not include that the seeking of a second opinion will end the cooling-off period:

J1036... "Only if the claimant attends the interview as required but refuses or fails to accept the new commitments can the DM consider terminating the award of UC after a cooling off period."

CPAG are interested to know:

1. if claimants are advised that seeking a second opinion will end their cooling off period and that if the second opinion upholds the first opinion, if they do not accept the new commitments, their award will be terminated, and
2. whether seeking a second opinion within the ‘cooling-off period’ in practice ends the ‘cooling -off period’

Face-to-face appointments

If your client is waiting for a work capability assessment and being called into the Jobcentre in person every week and this is inappropriate due to disability, DWP also stated (05.05.22):

"I can confirm that claimants awaiting a work capability assessment should have their claimant commitment tailored to their individual needs including the frequency, length and method of interventions."

As above, ask for second opinion and let CPAG know how DWP respond. A part of this, request reasonable adjustments if it is inappropriate to require your client to attend Jobcentre in person due to their disability. You can use our template: Reasonable adjustments request example re face-to-face JC+ appointments. If DWP say no, please seek advice [email protected].

Administrative Earnings Threshold

The Administrative Earnings Threshold increased on 26/09/22 - ie, the amount a claimant has to earn such that they are not expected to look for additional or higher paid work. DWP newsletter Touchbase stated on 23/09/22:

"It is important to understand that most claimants affected by the AET rise will already be in work and some may already be working as much as they can, depending on their individual circumstances. Initial meetings with work coaches will be to discuss what is reasonable and may include work preparation, to support claimants in preparing to increase their earnings when they are able to. Claimants will be able to agree an individual claimant commitment which reflects their circumstances."

Please contact [email protected] if your client is already working as many hours as they can, yet is being required to look for more.

Use this template if all the following apply

• Your client receives universal credit (UC)
• Your client is a full time carer for a severely disabled person
• Your client is/was being required by their claimant commitment to undertake any work-related activity
• Your client has asked the DWP to change their claimant commitment to remove all work-related activity and the DWP has refused

This letter assumes that (so can be changed)

• Your client is a full time carer for their partner, and they claim UC as a couple
• Your client does not receive carers allowance
• Your client has, on several occasions, contacted the DWP to request changes to their conditionality
• Your client's UC entitlement has been refused or stopped due to failure to accept a claimant commitment 

When not to use

Do not use this letter if:

• Your client has not already asked for their claimant commitment to be changed
• You client has received a mandatory reconsideration notice of the decision to refuse or end their UC entitlement and has put in an appeal. See instead Request for an appeal to be dealt with urgently

The main legal arguments in this template are:

• The claimant is a 'relevant carer' as defined by reg 85 Universal Credit Regulations 2013 (UC Regs).
• Reg 88 UC Regs provides that the expected hours where the claimant is a relevant carer is “the number of hours that the Secretary of State considers is compatible with those caring responsibilities”.
• Under Regulation 97, a claimant who is a relevant carer must have their work search and work availability requirements limited to their expected number of hours.
• Under DWP ADM guidance paras J2051 and J2053, compatible hours for relevant carers are zero; the Secretary of State must not impose any work-related requirements on relevant carers.

Information about your client

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

Background facts

Such as:

• the details of the person they care for (name, NINo, DoB)
• when your client started receiving UC and their reasons for applying
• whether they receive UC as a single person or couple (include their partner’s date of birth and NINO)
• names and dates of birth of children included in their award
• any disability or additional needs your client has
• any childcare problems your client has and if they have already notified the DWP
• details of your client's current UC conditionality (or conditionality before their award ended)
• whether your client has been able to comply with their current claimant commitment and any difficulties they have experienced in doing so
• consequential losses (financial and emotional distress) arising from inappropriate conditionality and sanctions (if any)

Information relating to the decision

• the date and details of your client's request(s) to amend their claimant commitment to include no work-related requirements
• the date and details of how the DWP has responded to your client's request to amend their claimant commitment
• details of any sanctions
• the date the DWP decided your client is not entitled to UC
• the date your client requested a mandatory reconsideration of this decision and the details

We've created this guide is 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.

Before using this letter

Your client should 'ask for a second opinion and ask for their claimant commitment to be reviewed' via their UC journal. The DWP stated in correspondence to CPAG (05.05.22):

"the procedure which applies when a claimant does not agree with work-related requirements imposed on them in their claimant commitment is to request a second opinion and ask for their claimant commitment to be reviewed. If the second opinion agrees that the requirements are unreasonable the claimant will be offered a new claimant commitment and asked to accept it. If the second opinion agrees that the original requirements are reasonable, the claimant can accept the commitment or refuse to accept it. In the latter case, the award would be terminated, and the claimant notified of that decision and their rights to a mandatory reconsideration and appeal."

DWP Guidance 'Claimant commitment not accepted (V5)' suggests that "If the second opinion is requested within the cooling-off period, the cooling-off period ends." Though there is no obvious legal basis for this.

CPAG are interested to know if:

1. claimants are told they have the right to a second opinion, and
2. claimant commitments are changed following second opinions in practice

Where a claimant has not accepted a revised claimant commitment (ie, not in respect of a new claim) the consequence of failure to accept is a sanction, as confirmed by the DWP's representative in FO v SSWP (UC) [2022] UKUT 56 (AAC) at para 14. The ADM limits this to where a claimant has not attended a commitments meeting, and does not include that the seeking of a second opinion will end the cooling-off period:

J1036... "Only if the claimant attends the interview as required but refuses or fails to accept the new commitments can the DM consider terminating the award of UC after a cooling off period."

CPAG are interested to know:

1. if claimants are advised that seeking a second opinion will end their cooling off period and that if the second opinion upholds the first opinion, if they do not accept the new commitments, their award will be terminated, and
2. whether seeking a second opinion within the ‘cooling-off period’ in practice ends the ‘cooling -off period’

Face-to-face appointments

If your client is waiting for a work capability assessment and being called into the Jobcentre in person every week and this is inappropriate due to disability, DWP also stated (05.05.22):

"I can confirm that claimants awaiting a work capability assessment should have their claimant commitment tailored to their individual needs including the frequency, length and method of interventions."

As above, ask for second opinion and let CPAG know how DWP respond. A part of this, request reasonable adjustments if it is inappropriate to require your client to attend Jobcentre in person due to their disability. You can use our template: Reasonable adjustments request example re face-to-face JC+ appointments. If DWP say no, please seek advice [email protected].

Administrative Earnings Threshold

The Administrative Earnings Threshold increased on 26/09/22 - ie, the amount a claimant has to earn such that they are not expected to look for additional or higher paid work. DWP newsletter Touchbase stated on 23/09/22:

"It is important to understand that most claimants affected by the AET rise will already be in work and some may already be working as much as they can, depending on their individual circumstances. Initial meetings with work coaches will be to discuss what is reasonable and may include work preparation, to support claimants in preparing to increase their earnings when they are able to. Claimants will be able to agree an individual claimant commitment which reflects their circumstances."

Please contact [email protected] if your client is already working as many hours as they can, yet is being required to look for more.

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

• Your client receives universal credit
• Your client is employed and their earnings are reported via the Real Time Information (RTI) system
• The RTI report is wrong (not due to earnings received early due to a non-banking day)
• Your client has been unsuccessful in challenging DWP's calculation of their earnings

When not to use

Do not use this template if:

• Your client is self employed or not paid through PAYE
• Your client has not provided strong evidence of their actual earnings
• Your client has not already asked DWP to revise their award without success

Under reg 61(2) Universal Credit  Regulations 2013 (UC Regs) the amount of a claimant's earnings is to be based on the information which is reported to HMRC under the PAYE Regulations (the RTI), except under reg 61(3)(b) where it appears  that the amount of a payment reported to HMRC is incorrect, or fails to reflect the definition of employed earnings in reg 55 UC Regs in which case under reg 61(4) such information or evidence as the Secretary of State thinks fit must be used instead. DWP guidance 'Real Time Information' lists under 'disputed earnings' wage slips or bank statements as appropriate supporting  evidence.

Information about your client

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

Background facts

Such as:

• family situation
• housing details
• any health difficulties or disabilities your client has
• details of your client's job, hours worked, how paid and if pay varies, how and why
• what financial hardship your client is experiencing as a result of the underpayment
• 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 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.

Earnings

Johnson (non-banking day shift) DWP advice: Claimants should post something on their UC journal asking for an RTI dispute to be raised and for the RTI dispute team to apply reg 61(6) UC Regs 2013 so that one monthly wage is assigned to a different assessment period. While it is not an RTI dispute it appears to be the RTI dispute team who will deal with re-assignment. If having posted on their journal, the payment is not reassigned within a reasonable period (not defined) please contact [email protected]