Disputed earnings: UC | CPAG

JR12 Real Time Information incorrectly reported (last updated July 2019)

JR81 Refusal to provide a UC mandatory reconsideration notice because “there is no right to an MR because the challenge relates to a policy issue” (last updated July 2020) This letter has been drafted as "failure to apply Johnson", but can be used in a number of scenarios. Please seek assistance if needed: jrproject@cpag.org.uk

JR89 Failure to apply work allowance to earnings/sick pay when claimant treated as having LCWRA due to cancer treatment (last updated Sept 2020) 

JR90 Failure to treat as LCWRA when undergoing treatment for cancer and consequent failure to apply work allowance to sick pay/earnings (last updated Sept 2020) 

JR94 Failure to disregard an overpayment of wages as income (last updated Sept 2020)

Fostering allowance

JR95 Failure to disregard fostering allowance as income (earned or unearned) (last updated Sept 2020). 

If you are a foster carer and your fostering allowance has been treated as income, Hertfordshire Council’s Money Advice Unit have prepapred a letter you can use based on the position set out in JR95 (you can use this without an adviser): Fostering Allowance letter. If this is unsuccessful, please ask an adviser to send the JR95 judicial review template above on your behalf.

Failure to follow the cases of Johnson and Pantellerisco (apportioning earnings received in an assessment period)

Refusal to apportion earnings, failure to apply Johnson ruling where paid 2 monthly wages in one assessment period so lost out on work allowance: Johnson Mandatory Reconsideration template.  UPDATE PENDING as UC Regulations amended from 16 Nov 2020 - please continue to use this letter until 16 Nov, mention the change and point out it is not yet in force. (Reg 61 (as amended) now provides:

Reallocation of reported payments
61.-(5) Where it appears to the Secretary of State that a payment of employed earnings has been reported late, or otherwise reported in the wrong assessment period, the Secretary of State may determine that the payment is to be treated as employed earnings in the assessment period in which it was received.

(6) Where a person is engaged in an employment where they are paid on a regular monthly basis and more than one payment in relation to that employment is reported in the same assessment period, the Secretary of State may, for the purposes of maintaining a regular pattern, determine that one of those payments is to be treated as employed earnings in respect of a different assessment period.

Refusal to apportion 4 weekly earnings to avoid benefit cap where minimum wage received and PCM earnings would be above benefit cap threshold: Pantellerisco Mandatory Reconsideration template (updated 07.10.20)

 

PLEASE TELL US HOW DWP / HMRC / RELEVANT LOCAL AUTHORITY RESPOND

By emailing JRProject@CPAG.org.uk

This helps us keep the letters up to date and effective for other advisers.