JR46 Refusal to reinstate legacy benefits when UC claimed fraudulently (last updated July 2019)
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.
PLEASE TELL US HOW DWP / HMRC / RELEVANT LOCAL AUTHORITY RESPOND
By emailing JRProject@CPAG.org.uk
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