DWP refusal of a UC claim because the claimant is appealing a previous decision

Use this template if all the following apply

• Your client has had a second universal credit (UC) claim refused (described by the DWP as 'closed') due to an ongoing/pending appeal of a decision on a previous claim/award, and
• There has been a change of circumstances since their previous claim/award

This letter assumes that (so can be changed)

• Your client received a decision that they were not entitled to UC
• Following a request for mandatory reconsideration, your client received notice upholding the original decision
• Your client submitted an appeal of the decision which is now pending
• Your client has made a new claim for UC following a change of circumstances
• The DWP has 'closed' the new claim due the pending appeal on the previous 'live' claim/award
• Your client requested a mandatory reconsideration of the decision to 'close' their second UC claim
• The DWP has refused your client’s request for mandatory reconsideration and advised your client that a new claim for UC cannot be made until the appeal on the first claim has been determined

When not to use

Do not use this letter if:

•  Your client has already received an appeal decision on their first UC claim/award
• There has been no change in your client’s circumstances since the date of their previous claim/award

The main legal arguments in this template are:

1. DWP Guidance 'Advice for Decision Making' (ADM) 'Chapter A2: Claims' states that if a change of circumstances occurs after a claim is disallowed, the decision cannot be superseded, but a further claim may be made.
2. 'ADM Chapter A1: Principles of Decision Making' further states that determinations embodied within an outcome decision do not bind future claims.
3. Accordingly, the DWP's refusal of the claimant's claim because there is an appeal outstanding on a previous claim/award, has no basis in law or guidance and the claimant is entitled to make a new claim and have that claim decided on their circumstances as they are at the time of the new claim.
4. Decisions made under s.8(1)(s) Social Security Act 1998 (SSA) carry a right of appeal under s.12 SSA.
5. The DWP's guidance 'Claim closure' confirms a claimant must be notified of a decision to close their claim and be advised of their appeal right. Failure to provide written notice of a decision against which a claimant can request a review of a decision and later appeal, if the decision remains unchanged, is unlawful.
6. The DWP's guidance ADM A1 'Principles of decision making and Evidence' states a decision is not fully effective until a claimant has been notified of it.
7. The concept of an 'open' or 'live' claim does not exist in law. The decision, which ended the claimant's UC entitlement, is a decision on (non) entitlement which refused / ended their first UC claim / award.
8. There is no basis in law for the implication that the claimant cannot make a new (second) claim for UC, or a challenge a further refusal of that second claim, until the appeal on their first claim / award has been decided.
9. The concept of 'closing a claim' does not exist in law.
10. The claimant had experienced a change in circumstance prior to making their new claim for UC. The decision on that new claim, should not be on the basis of circumstances in relation to their previous claim / award, which is currently being appealed. 

Information about your client

• name
• address
• national insurance number (NINO)
• date of birth

Background facts

Such as:

• personal details, eg relationship status, dependents, housing, disability, other income

Information relating to the decision

• date of your client's previous UC claim and reasons for claim
• date your client received a decision that they were not entitled to UC and reasons given by DWP, or
• details of your client's previous UC award, basis of entitlement, and the decision to end that award and reason for that decision,
• date your client requested a mandatory reconsideration
• date your client received a mandatory reconsideration notice upholding the original decision
• date your client submitted appeal of the decision
• date your client made a new online claim for UC
• reasons for the new claim, eg change of your client’s circumstances that led them to believe the DWP may now accept entitlement to UC despite previous refusal
• date your client received notice that the new claim was 'closed' due to a 'live claim' and outstanding appeal
• date your client requested a mandatory reconsideration of the decision to 'close' their second UC claim
• date and details of advice received by your client in response to their mandatory reconsideration request that a new UC claim could not be opened whilst their appeal on their first claim was pending, and that your client could not request a further mandatory reconsideration

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.