JR46 Refusal to reinstate legacy benefits when UC claimed fraudulently (last updated July 2019)
JR75 Refusal to reinstate tax credits when UC claimed fraudulently (last updated July 2019) NB Edits needed throughout if your client is male.
There is a right of appeal against a decision to terminate legacy benefits (although not immediately for Tax Credits) and as judicial review is a ‘remedy of last resort’ where there is a right of appeal, this must be used unless that right of appeal can be said not to be ‘effective’ (for example if your client is homeless and/or destitute as the legacy benefit was their only income).
Some success has been reported by advisers appealing termination of legacy benefits at the First-tier Tribunal where claimants have made defective claims for UC. Please feel free to use the arguments in the template above to support any mandatory reconsideration request or appeal.
If you have sought a Mandatory Reconsideration of the decision to terminate legacy benefits and specified a time limit for a response from DWP / HMRC and explained why this time frame is reasonable in the circumstances, and no mandatory reconsideration notice has been received, you may wish to include an additional ground of 'failure to provide a decision within a reasonable time' which you can find in any of the letters templates challenging mandatory reconsideration delays.
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.