Failure of DWP to accept terminally ill claimant's exemption from the requirement to accept a UC claimant commitment

Use this letter if your client:

• is terminally ill and has notified the DWP of this by providing an SR1 (or DS1500) form from their doctor or other health care professional
• has had their UC claim 'closed' for failure to accept a claimant commitment

The main legal arguments in this template are:

• The power to allow exceptions to the general rule requiring a claimants to accept a claimant commitment to be entitled to UC is under s.4(2) of the Welfare Reform Act 2012 (WRA)
• Regulation 16(2) Universal Credit Regulations 2013 (as amended)  (UC Regs) provides an exception for claimants who are terminally ill.
• Terminal illness is defined by reg 2 UC Regs as 'suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 12 months'.
• Under DWP's guidance, 'Terminal Illness', evidence of terminal illness is confirmed when a SR1 (or DS1500) form is provided, unless there is 'good reason' to doubt the information it contains.
• Even if DWP's definition of terminal illness is not met, 'exceptional circumstances' allowing an exception from the claimant commitment may still apply under DWP guidance ADM J1205.
• In requiring your client to accept a claimant commitment, when your client has provided an SR1 (or DS1500) form, and refusing to make or terminating their UC award, the DWP have failed to follow the law and their own guidance.

Information about your client

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

Background facts relating to your client

• household/family situation
• other income including Personal Independence Payment award details if relevant
• disability/medical details
• date they claimed and were awarded UC

Information relating to the decision

• date SR1/DS1500 form provided to DWP and by whom
• terminal illness and prognosis (as per that form)
• details of the claimant commitment your client was required to accept, how this was notified to them and why they could not accept it
• contact with DWP and how they responded
• details of financial hardships/debts
• effect on health, etc    

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.