DWP delay in deciding to include the SDP in an award of income support

Use this letter if:

• your client received legacy benefits and was during their legacy benefit award awarded personal independence payment (PIP).
• When they were awarded PIP, they became entitled to the severe disability premium (SDP) in their legacy benefit award, but the SDP was not included
• your client has a disability or is terminally ill
• you/your client has already contacted DWP to request a supersession of their legacy benefit award, but no response has been received

This letter assumes (edits will be needed if this is not the case):

• your client was in receipt of income support
• your client has now claimed and been awarded universal credit (UC)
• your client has a partner who also receives personal independence payment (PIP) - a number of changes are needed if your client does not have a partner
• your client received carers allowance, but this stopped before they claimed UC

Do not use this letter if your client was awarded PIP after they claimed UC.

From the date that the claimant was awarded PIP,  the claimant was a severely disabled person under para13(2)(b) of schedule 2 of the Income Support (General) Regulations 1987 (IS Regs) and was therefore entitled to have the SDP included in their IS award. The Secretary of State should supersede the claimant's IS award under regulation 6(2)(e) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (SSCS(DA) Regs) from the date that the entitlement to the other relevant benefit arose, which is the date PIP was been awarded from (under reg 7(7) of the SSCS(DA) Regs). 

The Secretary of State is under a duty to consider all claims for benefit within a “reasonable time” – R (C and W) v Secretary of State for Work and Pensions [2015] EWHC 1607 (Admin). The duty to make a decision within a reasonable time applies equally to s.10 of the Social Security Act 1998 (SSA 1998)  under which Secretary of State may “supersede” any decision made under s.8, as to the analogous provision at s.8 under which the Secretary of State shall “decide any claim for a relevant benefit”. What counts as a reasonable time depends on the circumstances, including the impact on the claimant (including that the claimant's IS and subsequent universal credit awards are affected).

Information about your client (and their partner):

• name
• address
• national insurance number
• date of birth

Background facts relating to your client, such as:

• family details
• disability, health conditions, other vulnerability
• details of the monies owed and the rates of the current deductions
• what financial hardship your client is experiencing as a result of the refusal, any risk to their being able to afford to pay for their housing, heating or food
  • any need to use food banks
  • any detriment to their health and welfare or to any of their family member’s health and welfare

Information relating to the decision:

• the date your client was awarded PIP and from what date
• the date and how your client requested a supersession of their Income Support award to include the SDP
• how DWP responded including dates and exactly what was said, if anything

We've created this guide 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.