DWP failure to include the LCWRA element from start of a UC award when a claimant is moving from ESA

Use this template if all of the following apply

• Your client was receiving ESA and in the ESA support group when they claimed UC.
• Your client has received payment(s) of UC that do not include the LCWRA component and/or been told they must have their capability for work assessed before the LCWRA element can be included in their award. Your client may be being required to undertake inappropriate work search or work related activity by their claimant commitment.  
• Your client has sought a mandatory reconsideration of the decision not to include the LCWRA element and the DWP has refused and not advised your client of their appeal rights, or has not responded within a reasonable time. 

When not to use

If your client has lodged an appeal of the decision not to include the LCWRA element straightway do not use this template. See instead Request for an appeal to be dealt with urgently

The main legal arguments in this template are:

• Under Regulation 19 Universal Credit (Transitional Provisions) Regulations 2014, a UC claimant who was entitled to ESA immediately prior to claiming UC and had been, in respect of ESA, determined to have LCWRA (ie, is in the support group), must be treated as having LCWRA and the LCWRA element must be included from the start of their UC award.
• The DWP’s Advice for Decision Making paragraphs G3002, G3003 and F5001 confirm that the result of a work capability assessment (WCA) done for ESA applies equally to a subsequent claim for UC and that the UC LCWRA element must be included in the new UC award straightaway. 

Information about your client

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

Background facts relating to your client

• circumstances
• household
• disability
• any other benefits they are getting
• when their capability for work was assessed for ESA and they were found to have LCWRA
• when and for how long the support component was included in their ESA award
• when they made a new claim for UC and why  

Information about the failure to include the LCWRA element in UC award

• when they first received a UC payment without the LCWRA element
• subsequent UC payments without the LCWRA element
• how and when they challenged/queried the absence of the LCWRA element
• the response(s) received from the DWP
• if they have since undergone a WCA
• the results of the WCA
• any subsequent payments of UC with the LCWRA element

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: jrproject@cpag.org.uk 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.