UC 'claim closed' due to failure to attend a commitments review meeting

Use this template if all the following apply

• Your client was in receipt of universal credit having claimed and accepted a claimant commitment
• Your client was asked to attend an appointment to review their claimant commitment via their journal
• Your client did not attend the meeting and had a good reason for not doing so
• The DWP ended your client’s UC award due to ‘failure to attend’ without asking the reason that they did not attend
• Your client has requested a mandatory reconsideration of the decision to end their entitlement
• Your client has no, or limited, other income so cannot wait for a mandatory reconsideration notice

When not to use

Do not use this letter if your client:

•  did not previously accept a claimant commitment
• has not already requested a mandatory reconsideration
• has not explained to the DWP why they did not attend the meeting and provided evidence

The main legal arguments in this template are:

1. Under section 23 Welfare Reform Act 2012 (WRA), the DWP may require a claimant to participate in an interview relating to their claimant commitment; this is a ‘connected requirements’ meeting.
2. Under section 27 WRA, the consequence of non-attendance of a connected requirements meeting is a sanction, unless the claimant has a good reason for not attending.
3. That the DWP’s power when a claimant fails to attend a meeting is limited to imposing a sanction and not ending an award of UC is confirmed by the SSWP’s submissions, accepted by Judge Wikeley, in FO vs SSWP (UC) [2022] UKUT 56 (AAC).
4. The DWP’s ADM guidance is further clear, with reference to FO vs SSWP, that there is no power to ‘close’ or end an award, only to sanction, if there is no good reason for non-attendance at para J1031.
5. The DWP does not have the power to end a claimant's award for non-attendance if they have previously accepted a claimant commitment. 

Information about your client

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

Background facts

Such as:

• your clients housing, family, health conditions, disability, any other income or benefits
• the date your client claimed and was awarded UC
• the date your client accepted a claimant commitment and what that claimant commitment required of your client
• whether and how your client complied with their requirements until their award was 'closed’
• the impact of not having UC on your client, including details of any financial hardship

Information relating to the decision

• when and how your client was notified of the meeting and how it was explained to your client what this meeting was for (and what would happen if they did not attend)
• the reason your client could not attend and how and when this was evidenced to the DWP
• how and when the DWP responded and when your client’s UC award was ‘closed’
• the date of your client’s mandatory reconsideration request and how this was made
• the details and dates of any other correspondence or conversations with the DWP and what has been said, including quotes from your client's journal

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.