DWP failure to decide a UC supersession request to include the carer element

Use this template if all the following apply:

• Your client is a carer (ie, cares for someone receiving PIP daily living component, attendance allowance, or child disability living allowance care component for 35 hours per week or more).
• Your client receives an award of universal credit (UC) which started before they became a carer, or before they were awarded carer's allowance.
• Your client notified the DWP when they became a carer within one month and provided any evidence requested, or notified DWP within 13 months and had a good reason for notifying the DWP late, which has been explained to the DWP, or your client has been awarded carer's allowance and asked for their UC award to be superseded from the start of the assessment period in which they became entitled to carer's allowance.
• No decision has been received refusing the carer element or your client's reasons for notifying late.
• An unreasonable time has passed since your client notified the DWP they had become a carer and/or were awarded carer's allowance.  

When not to use

Do not use this template if:

• The DWP has asked for further evidence and this has not been provided.
• The carer element or your client's reasons for notifying late have been refused, or your client's award has only been superseded from the start of the assessment period in which they notified the DWP they had become a carer and/or been awarded carer's allowance, in which case your client should seek a mandatory reconsideration and then appeal.

The main legal arguments in this template are:

• The claimant is under reg 29 Universal Credit Regulations 2013 entitled to the carer element if they have 'regular and substantial caring responsibilities for a severely disabled person'.
• The DWP are under a duty to decide a supersession request within a reasonable time (R(C and W) v SSWP [2015] EWHC 1607). (Admin)).
• Under reg 35(1) and schedule 1 of the Universal Credit etc (Decisions and Appeals) Regulations 2013, a supersession due to a change of circumstances supersession takes effect 'from the first day of the assessment period in which that change occurred' if the claimant notifies the DWP within one month, or under reg 36 within 13 months if it is 'reasonable to grant the extension'.
• Alternatively, under reg 31 Universal Credit etc (Decisions and Appeals) Regulations 2013, if a claimant has been awarded carer's allowance and sought a UC supersession to include the carer element on this basis, the supersession takes effect from the first day of the assessment period in which the claimant became entitled to carer's allowance, regardless of when the claimant notifies the DWP. 

Information about your client

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

Background facts relating to your client

• details of the person they care for and when they started caring
• details of the disability benefits of the person they care for
• your client's family situation
• if relevant, your client's housing details
• any health difficulties or disabilities your client has
• any capacity issues of vulnerability your client has
• what financial hardship your client is experiencing as a result of the delay
  • 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 members' health and welfare
  • any impact on their ability to care for the person they care for
     

Information relating to the decision

• the date your client became a carer
• whether they have claimed carer's allowance and if refused, why they are not entitled to carer's allowance, or the date from which they have been awarded carer's allowance
• the date, and how, your client notified the DWP that they had become a carer and/or been awarded carer's allowance
• what evidence your client provided to support their request and how this was provided
• how the DWP has 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: 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.