Unlawful 'closure' of a UC claim due to failure to attend an identity interview or provide identity evidence

Use this template if all the following apply

• Your client is eligible for UC
• Your client claimed UC but failed to provide ID evidence or attend an ID appointment
• Within one month, the DWP ‘closed’ your client's claim via a notification to their UC journal
• The DWP advised your client to reclaim, which they did, and they have lost access to their previous journal

This letter assumes that (so can be changed)

• Your client has now provided the ID evidence requested by DWP, and
• Your client has also requested a mandatory reconsideration of the decision   

When not to use

Do not use this letter if:

• your client was given a month or more to provide the information/evidence or rebook their appointment, or 
• your client has been properly notified of their appeal rights in a way that is still accessible to them

The main legal arguments in this template are:

1. Refusal of the claimant’s claim, termed ‘claim closure’ by DWP, is a decision under s.8 Social Security Act 1998 (SSA), which carries a right of appeal under s.12 SSA.
2. Regulation 51 of the Universal Credit (Decisions and Appeals) Regulations 2013 confirms written notice of a decision must be provided when decisions are made under the SSA.
3. The DWP’s operational guidance ‘Claim closure’ further confirms a claimant must be notified of a decision to close their claim and be advised of their appeal rights.
4. DWP’s operational guidance ‘Claim closure’ states a claim must not be closed for at least one month.
5. Where a claimant does not attend an ID appointment or provide ID evidence, their claim is refused under s.8 Social Security Act a1998 as they have not satisfied the requirements of section 1(1), 1(1A) and 1(1B) Social Security Administration Act 1992 (PHC (formerly HCU) v The Secretary of State for Work and Pensions (UC) [2024] UKUT 340 (AAC))
6. SSWP’s guidance ADM ‘Principles of Decision Making and Evidence’ states a decision is not effective until a claimant has been notified of it citing R (Anufrijeva) v Secretary of State for the Home Department & Another [2003] UK HL 36.
7. This template argues that DWP have failed to:
   • apply the law and guidance in failing to provide a decision notice and notify the claimant of their appeal rights, or
   • provide a decision notice and notification to the claimant of their appeal rights that is accessible, and 
   • allow sufficient time for the claimant to rebook the ID appointment or provide the ID evidence in breach of DWP guidance.

Information about your client

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

Background facts

Such as:

• family circumstances, household, disability, other benefits
• immigration status / right to reside 
• details of any previous benefit entitlements (eg housing benefit)

Information relating to the decision

• the date of your client's UC application
• the reason why your client claimed UC and the circumstances
• the evidence requested, or the appointment your client did not attend
• the reason for your client's failure to attend/provide the evidence, eg whether and how they explained/evidenced this to DWP
• when and how your client has now provided any evidence requested, whether and how this has been acknowledged by the DWP
• the date your client's claim was ‘closed’, how this was notified and whether it included appeal rights (include quotes from their UC journal)
• the date your client requested an MR, if they have done so
• the date and details of how your client  was advised to reapply (include quotes from their UC journal)
• the date your client reapplied for UC and details of the decision on that claim if a decision has been made

Consider making a subject access request for your client’s journal if they no longer have access to it, but be aware of the time limit for judicial review – ‘promptly and within 3 months of the decision’.  

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.