CPAG search

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 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