Use this template to challenge DWP's refusal to amend a full time carer's universal credit (UC) conditionality and consequent refusal of entitlement because the claimant has not accepted a claimant commitment which included work-related activity.
These letters are for advisers, not members of the public.
If you don't have an adviser, you may be able to find one at advicelocal.uk
Do not use this letter if:
These letters are for advisers in England and Wales. Please be aware that the pre-action protocol doesn't apply in Scotland. See our document explaining some of the changes needed to use them in Scotland.
The main legal arguments in this template are:
Such as:
We've created this guide is to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates
Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.
Your client should 'ask for a second opinion and ask for their claimant commitment to be reviewed' via their UC journal. The DWP stated in correspondence to CPAG (05.05.22):
"the procedure which applies when a claimant does not agree with work-related requirements imposed on them in their claimant commitment is to request a second opinion and ask for their claimant commitment to be reviewed. If the second opinion agrees that the requirements are unreasonable the claimant will be offered a new claimant commitment and asked to accept it. If the second opinion agrees that the original requirements are reasonable, the claimant can accept the commitment or refuse to accept it. In the latter case, the award would be terminated, and the claimant notified of that decision and their rights to a mandatory reconsideration and appeal."
DWP Guidance 'Claimant commitment not accepted (V5)' suggests that "If the second opinion is requested within the cooling-off period, the cooling-off period ends." Though there is no obvious legal basis for this.
CPAG are interested to know if:
Where a claimant has not accepted a revised claimant commitment (ie, not in respect of a new claim) the consequence of failure to accept is a sanction, as confirmed by the DWP's representative in FO v SSWP (UC) [2022] UKUT 56 (AAC) at para 14. The ADM limits this to where a claimant has not attended a commitments meeting, and does not include that the seeking of a second opinion will end the cooling-off period:
J1036... "Only if the claimant attends the interview as required but refuses or fails to accept the new commitments can the DM consider terminating the award of UC after a cooling off period."
CPAG are interested to know:
If your client is waiting for a work capability assessment and being called into the Jobcentre in person every week and this is inappropriate due to disability, DWP also stated (05.05.22):
"I can confirm that claimants awaiting a work capability assessment should have their claimant commitment tailored to their individual needs including the frequency, length and method of interventions."
As above, ask for second opinion and let CPAG know how DWP respond. A part of this, request reasonable adjustments if it is inappropriate to require your client to attend Jobcentre in person due to their disability. You can use our template: Reasonable adjustments request example re face-to-face JC+ appointments. If DWP say no, please seek advice [email protected].
The Administrative Earnings Threshold increased on 26/09/22 - ie, the amount a claimant has to earn such that they are not expected to look for additional or higher paid work. DWP newsletter Touchbase stated on 23/09/22:
"It is important to understand that most claimants affected by the AET rise will already be in work and some may already be working as much as they can, depending on their individual circumstances. Initial meetings with work coaches will be to discuss what is reasonable and may include work preparation, to support claimants in preparing to increase their earnings when they are able to. Claimants will be able to agree an individual claimant commitment which reflects their circumstances."
Please contact [email protected] if your client is already working as many hours as they can, yet is being required to look for more.
Help for advisers using the judicial review pre-action protocol to resolve welfare benefit problems.
What judicial review is and how it can help
If you've sent a judicial review pre-action protocol letter but it hasn't produced the desired result, and your client wants to take it further, you'll need to refer your client to a solicitor.
