DWP repeated refusal to depart from incorrect Real Time Information earnings for UC

Use this template if all of the following apply

• your client is in receipt of UC
• your client is employed and their earnings are reported via the RTI system
• the RTI report is repeatedly wrong (not due to earnings received early due to a non-banking day)
• the DWP has, on previous occasions and in the same circumstances, accepted your client’s evidence of earnings and departed from the RTI
• your client has provided the same type of evidence of their earnings as previously accepted by the DWP, yet their award has not been revised (eg, their wage slip and bank statement)

When not to use

Do not use this letter if:

• your client has not told the DWP that the RTI is wrong again, and has not provided evidence of their earnings 
• the DWP has not previously accepted your client’s evidence in respect of earlier assessment periods
• this is the first time the RTI has been wrong, in which case use template JR12

The main legal arguments in this template are:

• Under regulation 61 Universal Credit Regulations (“UC Regs”) the DWP must assess a claimant’s earned income using information received under the RTI unless such information is under reg 61(3)(b) “incorrect, or fails to reflect the definition of employed earnings in regulation 55”, in which case an assessment of the claimant’s earnings must be made ‘using such information or evidence as the Secretary of State sees fit’ (reg 61(4)).
• the DWP has refused to exercise the power to depart from the RTI in this case and unlawfully failed to have any regard to the information/evidence provided by the claimant, which they have previously accepted and clearly shows that the RTI feed was incorrect.

Information about your client:

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

Background facts

Such as:

• family situation, housing details, any health difficulties or disabilities your client has
• details of your client's job, hours worked, how paid and if pay varies, how and why
• details of the previous times the RTI has been wrong, what evidence was provided by your client to the DWP and how the DWP responded including quotes from their journal and dates
• what financial hardship your client is experiencing as a result of the underpayment
• 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 about the decision:

• why the RTI is wrong this time, what evidence has been provided to the DWP, how it was provided and on what date
• how the DWP responded, including quotes from your client’s journal and relevant dates
• details of any other relevant contact with DWP and efforts to resolve the issue 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: [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.