If you are an adviser
Some of our template letters are published on the site for you to download. The others are available on request from: [email protected]. When using the templates, please follow these steps:
If you are a benefit claimant please find an adviser to support you as our judicial review project can only work with advisers. You may be able to find an adviser on advicelocal.uk.
Advisers in Scotland
The judicial review project covers England and Wales. If you're an adviser working in Scotland and want to use our template letters, please use them with caution as the pre-action protocol doesn't apply in Scotland. See Advisers in Scotland using the judicial review letter templates. We'd be happy to send you any of the templates which are not currently available to download.
DWP refusal to pay new style ESA pending a work capability assessment appeal (JR44)
DWP delay deciding an irESA any time revision request (JR121)
DWP refusal to supersede award of irESA to include SDP (JR157)
DWP failure to provide adequate reasons for a new-style ESA WCA decision (JR80)
DWP refusal of FSF payment for upfront childcare costs because claimant has not started work (JR132)
Where face-to-face Jobcentre appointments are required more frequently than once every 2 weeks, DWP guidance states FSF must be paid to the value of the public transport used (using a Jobcentre Plus Travel Discount Card or other concessionary public transport pass if possible), or 25p per mile by car. Your client should therefore request FSF payments via their UC journal and we suggest drawing specific attention to the DWP’s guidance (below). If their request is refused, please then contact [email protected].
DWP operational guidance ‘Flexible Support Fund’ (V14)
Mandatory awards for travel
An award for travel expenses must be made when a claimant:
attends additional appointments other than the fortnightly Work Search Reviews when they are allocated to the Intensive Work Search regime, this includes:
alternate weekly Work Search Review during the first 13 weeks of being allocated into the Intensive Work Search regime
[...]
Note: where public transport or is not used (for example due to disability or because none is available), the amount of Flexible Support Fund payment is 25p per mile for 'private transport'
How much to award
If it is not possible for claimants to use local or other concessionary public transport passes, the award must be based on the cost of public transport by the most reasonable and economical route. If using private transport, the award is 25 pence per mile by the most direct route.
Paying travel expenses
DWP guidance sets out the processes to follow when making a payment of FSF for the award of travel expenses.
DWP guidance: ‘09 Payment of travel expenses’ reiterates the amount of the payment:
How much to award
7. Wherever possible Jobcentre Plus Travel Discount Card and other concessionary public transport passes available to claimants, such as Railcard (link is external) and concessionary bus travel (link is external) should be used to minimize costs.
8. If such a facility is not available, the award, whether obligatory or discretionary, must be based on the cost of public transport by the most reasonable / economical route or 25 pence per mile by the most direct route if using private transport.
DWP failure to assess a claimant for PIP on the basis of their paperwork or by home visit (JR56)
DWP refusal to decide PIP claim until claimant has applied to extend their leave to remain (JR147)
DWP failure to award PIP beyond expiry of claimant's biometric residency permit (JR155B)
DWP failure to pass claimant's PIP claim to the 'competent state' without delay (JR164)
DWP delay in deciding an application for PIP (JR102)
DWP refusal to resume PIP payments following discharge from hospital or psychiatric unit (JR148)
DWP failure to assess a claimant for PIP on the basis of their paperwork or by home visit (JR56)
DWP refusal to decide PIP claim until claimant has applied to extend their leave to remain (JR147)
If your client has experienced ‘gatekeeping’ via the telephone, request a form via post as soon as possible and get in touch with us ([email protected]). The DWP website states:
Claim by post
You can get a form to send information by post (although this can delay the decision on your claim). Write a letter to ask for the form.
Personal Independence Payment New Claims
Post Handling Site B
Wolverhampton
WV99 1AH
DWP say in response to CPAG correspondence on this issue:
"PIP policy colleagues have made enquiries with the DWP Work and Health Services Group who have looked at the concerns you identified with compliance with the guidance where individuals do not have a NiNO. I understand that changes have been made to ensure compliance, including identifying any cases in addition to those mentioned in your email of 24 March 2021.
I also understand that the inconsistency on gov.uk will be addressed* and our clients have offered to review the cases you mention where guidance appears not to have been followed or other cases which may help identify any additional training for call handlers.
If you would like to take up this offer, calls that have no NiNO are difficult to find because they are not linked to a specific reference, so it would be helpful if you can provide the following details:
• Date and time the call was made
• The number the call was made from
• Was the call made to the New claim or Enquiry line"
CPAG are keen to ensure compliance with DWP guidance and to resolve individual cases for clients. Please let us know (by emailing [email protected]) if you are contacted by anyone who has, when they have tried to claim PIP, been told they must have a NINo before they can claim. If possible, please include the details requested above. If these details are not held, we are still happy to raise cases with DWP using other identifying details (name, date of birth etc).
* NB the website had not been amended as at 18/01/24: www.gov.uk/pip/how-to-claim
The DWP learning guide “PIP17 Paper Claims” (made available in response to a Freedom of Information request), makes clear procedurally what should happen where a claimant makes a claim without a NINo:
"A paper version of the initial claim form (PIP1) will be issued where the claimant or their PAB:
…
does not have a National Insurance Number (NINO)"
The date of claim is then the date that the claimant telephoned to make the claim providing the claim form is retuned within one calendar month:
"Claimants have one calendar month from date of issue to complete and return the paper claim form to the issuing office. If returned in time, the date of claim will be the date that the claimant telephoned the Department to request the form or the date a letter requesting the form was received."
DWP staff guide “PIP New Claim telephony data gather” (also provided in response to the FOI) confirms that a NINo is not required to issue a paper form.
"There is a requirement for minimum data to issue a paper claim form:
- Name, address and either date of birth or NINO of claimant"
The ‘PIP17 Paper Claims’ and ‘PIP New Claim telephony data gather’ guides for DWP staff are clear that where a claimant does not have a NINo, procedurally a paper claim form should be sent out to the claimant on provision of the claimant’s name, address and date of birth. Provided this is returned within one month, the claim will start from the date of the telephone call.
The DWP guidance “Missing NINO” (also provided in response to the FOI request) states that following completion of paper PIP1 and PIP2 forms, where no NINo is held by the claimant, DWP will trigger a NINo application on the claimant’s behalf by completion of the DCI1 form:
"If a PIP award is appropriate, the CM creates a manual task on PIPCS for the NINO allocation specialist team to take the appropriate action to establish the claimant’s NINO. On receipt of such a task, the Specialist user will complete specialist trace action and if appropriate make further enquiries with the claimant to identify the NINO. If the NINO has still not been established following these enquiries, the Specialist user will complete form DCI1 and refer it to the NINO Centre (NC)… In all cases where a NINO is allocated, the Specialist user will change the Prospect Person record to a Person record in PIPCS and update the Communication Record and create a task to the CM to input the decision."
For a copy of any of the above templates contact [email protected].
Note: there is a right of appeal against the decision to terminate tax credits on receipt of a s.18 final award notice and as judicial review is a ‘remedy of last resort’ where there is a right of appeal, this must be used unless that right of appeal can be said not to be ‘effective’ (for example, if your client is homeless and/or destitute and the legacy benefit was their only income).
Some success has been reported by advisers appealing termination of legacy benefits at the First-tier Tribunal where claimants have made defective claims for UC. Please feel free to use the arguments in the template at:
Judicial review pre-action template letters: universal credit and migration to universal credit - Fraud by a third party
to support any mandatory reconsideration request or appeal.
HMRC refusal to include disabled worker element in working tax credit award (JR74)
HMRC failure to give effect to a First-tier Tribunal decision on tax credit entitlement (JR108)
HMRC refusal to apply notional entitlement offsetting to a tax credit overpayment (JR139)
HMRC's failure to exercise discretion not to recover overpayment of tax credits from UC award (JR83)
DWP decision to recover tax credit overpayment as a lump sum from backdated UC LCWRA element (JR105)
