DWP delay deciding an irESA any time revision request

Use this template if one of the following applies

• Your client has requested an any time (specified ground) revision in respect of an income-related ESA decision
  • which has not been responded to at all or within a reasonable time, or
  • your client has been advised by the DWP that they have no right of appeal and so have refused to make a revision decision

This letter assumes (so can be changed):

• Your client is vulnerable and the delay is causing them severe hardship, and
• The delay is very lengthy.

When not to use

Do not use this letter if:

• Your client’s revision request was made within 13 months of the decision under challenge (so was an any grounds revision request), or
• Your client’s revision request did not argue official error
• Your client has received a revision decision, in which case the correct route is to appeal, or
• There has not been an unreasonable delay; your client must need a quicker decision, not only want one, or
• The original decision letter says you cannot request a mandatory reconsideration decision or you have no right of appeal.

The main legal argument in this template is:

• Under R(C & W) v Secretary of State for Work and Pensions [2015] EWHC 1607 (Admin), the Secretary of State for Work and Pensions is under a duty to consider all claims for benefit within a “reasonable time.” What counts as a reasonable time depends on the circumstances, including the impact on the claimant and the complexity of the case.
• The duty to make a decision within a reasonable time applies equally to decisions to "revise" under s.9 as to decisions on entitlement under s.8 Social Security Act 1998.

Information about your client

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

Background facts relating to your client

• family situation
• nationality/immigration status
• housing details
• any health difficulties or disabilities your client has
• any capacity issues or vulnerability your client has
• what financial hardship your client is experiencing as a result of the subject matter of the any time revision request
• any risk that your client will be unable to afford to pay for their housing, heating or food, any need to use food banks
• any detriment to your client's health and welfare or to any of their family members' health and welfare

Information relating to the decision(s)

• the date of the decision being challenged
• the date of your client’s revision request
• the reason for your client's revision request, including the relevant law
• the evidence your client provided to the DWP to support their request and how the DWP responded, including dates
• dates of all relevant contacts and decisions

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.