How to use these resources

If you are an adviser

Some of our template letters are published on the site for you to download. The others are available on request from: jrproject@cpag.org.uk. When using the templates, please follow these steps:

  1. Email a summary of the case (including the date of the decision you want to challenge) to jrproject@cpag.org.uk.
  2. We'll email you to advise whether a pre-action letter is appropriate, and will either check that the template you planned to use is the most suitable or help you identify whether we have a relevant template.
  3. If a pre-action letter is appropriate, we can review your client’s evidence, and either support you to complete the letter template, or to draft your own letter.
  4. Even if a pre-action letter is not appropriate, we'd be happy to send you any of the templates if they'd help you challenge the decision in a different way.

If you are a benefit claimant please find an adviser to support you as our judicial review project can only work with advisers. You may be able to find an adviser on advicelocal.uk.

Advisers in Scotland
The judicial review project covers England and Wales. If you're an adviser working in Scotland and want to use our template letters, please use them with caution as the pre-action protocol doesn't apply in Scotland. See Advisers in Scotland using the judicial review letter templates. We'd be happy to send you any of the templates which are not currently available to download.

Templates on migration to universal credit

Managed migration

DWP refusal to cancel a UC migration notice when the claimant will be within 6 months of pension age before their UC migration deadline (JR151)

DWP refusal to cancel UC migration notice when claimant has nil award of tax credits and will be within 6 months of pension age before their UC migration deadline (JR152)

DWP refusal to cancel UC migration notice of claimant with 19-year-old in full-time non-advanced education (JR154)

Please email jrproject@cpag.org.uk if you have a client who:

  • has migrated to UC under managed migration and has asked, but has not been provided with a breakdown of how their transitional element has been calculated. You can use CPAG's tool to request a breakdown of the calculation if you have not already requested one.
  • has received a managed migration notice and there are grounds for this to be cancelled (which are not covered by the above templates) but DWP have refused.

Templates on universal credit

Elements: housing costs element

Bedroom tax following bereavement

DWP failure to provide protection from bedroom tax to ESA claimants migrating to UC as a result of the death of their severely disabled partner (JR3)

Not the named tenant

DWP refusal of the UC housing costs element because the claimant is not the named tenant (JR37)

Joint tenant has left

DWP failure to include a claimant's full rent in the calculation of their UC housing costs element because they have an 'untidy tenancy' (JR96)

DWP requirement for a claimant to confirm the details of their 'untidy tenancy' every month (JR70)

Failure of the DWP to include universal housing costs for 100% of the rent because the claimant has a joint tenancy (JR19)

No recourse to public funds

Please get in touch if your client has been awarded 50% rather than 100% of their eligible housing costs because they have a partner who is not named on their tenancy living with them and that partner has no recourse to public funds. CPAG may be able to assist with a mandatory reconsideration template, or a JR template to challenge the delay in providing a mandatory reconsideration notice on this issue. jrproject@cpag.org.uk

Managed payment to landlord

DWP refusal to stop a UC managed payment to landlord when it's being paid to the wrong landlord (JR82)

DWP refusal to stop a UC managed payment to landlord when it's being paid to the wrong landlord (JR110)

Housing costs element refused

DWP refusal to include UC housing costs element as the claimant's accommodation is misidentified as 'supported accommodation' (JR115)

DWP refusal of UC housing costs element because claimant's tenancy agreement has expired (JR149)

Migrants and universal credit

EU settled status

DWP suspension of UC when claimant is awaiting EUSS decision and had existing leave to remain when they applied to EUSS (JR117)

Habitual residence test

DWP suspension of UC when claimant is awaiting EUSS decision and had existing leave to remain when they applied to EUSS (JR117)

DWP failure to make enquiries to the Home Office or HMRC to establish a claimant's right to reside (JR41)

DWP failure to make a habitual residence test decision and decide a claimant’s UC claim within a reasonable time (JR40)

Delay by the DWP in providing a universal credit mandatory reconsideration decision (JR10)

DWP delay deciding UC claim by person with leave under the Migrant Victims of Domestic Abuse Concession due to application of HRT (JR88)

DWP decision to suspend UC payments in full rather than in part (JR125)

DWP failure to exempt a refugee from the habitual residence test when deciding UC claim (JR14)

DWP delay in implementing a positive habitual residence test decision to decide UC entitlement (JR50)

Template journal messages for a refugee making a new claim for universal credit

DWP failure to offer a newly recognised refugee an advance UC payment (JR15)

DWP failure to award PIP beyond expiry of claimant's biometric residency permit (JR155B)

DWP failure to offer new claim advance to newly recognised refugee and incorrect requirement to satisfy HRT (JR156)

DWP failure to exempt a refugee from the habitual residence test when deciding UC claim (JR14)

DWP failure to exempt an Afghan refugee from the HRT when deciding UC claim (JR127)

Overpayment recovery

DWP failure to exercise discretion not to recover an overpayment of UC (JR61)

DWP failure to take into account relevant factors when exercising discretion on whether to recover overpayment of UC (JR60)

DWP refusal to waiver overpayment of UC when claimant was eligible for pension credit (JR165)

Additional legitimate expectation ground

In addition to the arguments made in JR60 and JR61 (above) a 'breach of legitimate expectation' argument may be made where a claimant has repeatedly checked with the DWP whether their award is correct, has been wrongly advised by the Jobcentre, and has relied on the JC+ advice to their detriment, see R (K) v SSWP  [2023] EWHC 233 (Admin). However, where there is no repeated checking by a claimant that the award is correct, there may still be an A1P1 ECHR breach, see AKAREVIC v. CROATIA (European Court of Human Rights) (Application no. 48921/13) in particular paras 58- 64.

The Public Law Project has kindly shared the Additional legitimate expectation and breach of A1P1 grounds. These grounds have been and can be included in the other templates above, or can replace content as appropriate. If you are including this content additionally, make sure the 'law and policy' in these grounds is included in your letter (but not duplicated). The grounds rely on both R(K) v SSWP and Akarevic v Croatia.

DWP UC 'claim closure' and overpayment due to retrospective ID reverification post Covid (JR120)

DWP UC overpayment due to retrospective ID reverification post Covid (JR120B)

DWP 'claim closure' and overpayment due to retrospective ID reverification ('selfie') post Covid (JR123)

DWP 'claim closure' and UC overpayment due to failure to attend an interview (JR138)

DWP decision to recover tax credit overpayment as a lump sum from backdated UC LCWRA element (JR105)

DWP refusal to stop deductions for benefit overpayment from UC when claimant has a DRO (JR161)