DWP failure to provide protection from the bedroom tax to the younger partner in mixed age couple migrating to UC as a result of the death of the older partner

You can use this template if all of the following apply:

• your client has one or more spare rooms
• your client is working age, and had a pension age partner who has died
• your client’s partner was the lead claimant in a housing benefit award which was not reduced by the bedroom tax / spare room subsidy because they were exempt; the award ended when they died
• your client has claimed and been awarded universal credit and their housing costs element was reduced from their first assessment period by the bedroom tax / spare room subsidy

Do not use if the following applies:

• your client has received a mandatory reconsideration notice, the correct route is to appeal

The main legal arguments in this template are:

1. Regulation 13ZA of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 allows the amount of an award of Housing Benefit to remain unchanged for a period of 12 months following a bereavement.
2. Regulation 37 of the Universal Credit Regulations 2013 allows UC entitlement to continue at the same rate as entitlement in the assessment period prior to death, in the assessment period in which the death occurs and in the following two assessment periods.
3. There is no run on / protection on a death for a working age legacy benefit claimant, who was exempt from the bedroom tax / spare room subsidy because their partner was pension age, and as a result of the death of their partner has to claim universal credit.    

They are immediately affected by the bedroom tax / spare room subsidy. This lack of protection is unlawful as it has no rational basis, and it discriminates against the claimant contrary to article 14 ECHR and the Equality Act 2010.

Information about your client and their deceased partner:

• name
• address
• national insurance number (NINo)
• date of birth (DOB)

Background facts, such as:

• the date of your client’s partner’s death.
• your client’s housing details, was there a reason their partner needed the extra room(s)
• is your client planning to downsize? Have they taken any steps to do so?
• any health difficulties or disabilities your client has
• what financial hardship your client is experiencing as a result of the lack of protection, details of any rent arrears and any risk to their tenancy.  
• any risk that your client will be unable to afford to pay for their heating or food, any need to use food banks
• any detriment to your client's health and welfare or to any of their family members' health and welfare

Information about the decision:

• the date of the decision awarding your client universal credit with a reduced housing costs element.
• dates of all relevant contacts and decisions
• whether and when your client notified the DWP of any risk to their tenancy, and how and when the DWP responded, including dates
   

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.