UC claim ‘closed’ due to failure to accept claimant commitment when given less than 7 days to do so

You can use this template if all of the following apply:

Your client:

• applied for universal credit and was asked to accept a claimant commitment via their journal
• did not accept their claimant commitment and their claim was refused (referred to by DWP as ‘closed’) within 7 days and/or your client has complex needs which mean it was unreasonable to expect them to accept it within 7 days or at all and their needs were not considered by the DWP before refusing their claim
• has already evidenced and explained their complex needs to the DWP (if applicable)
• has requested a mandatory reconsideration of the decision to refuse their claim, and
• has no, or limited, other income so cannot wait for a mandatory reconsideration notice

When not to use

Do not use this template if:

• your client has not already requested a mandatory reconsideration
• your client has not explained to the DWP why they did not accept their claimant commitment and provided evidence
• your client had not explained and provided evidence of their complex needs before DWP's decision to refuse their claim (unless given less than 7 days to accept)

The main legal arguments in this template are

• Accepting a claimant commitment is a basic condition of entitlement to UC under s.4 Welfare Reform Act 2012.
• When a claim for UC is first made there will be no claimant commitment in existence and so the conditions of entitlement are not met.
• However, reg.15(1) and (2) Universal Credit Regulations 2013 allow a claimant to be treated as having accepted a commitment from when they have first claimed, provided that they go on to accept the commitment within a specified period. This allows for a claimant to attend a commitment meeting with their work coach at which a “tailored” commitment can be drawn up.   
• DWP operational guidance ‘Claimant commitment not accepted’ (V7) specifies a standard period to be “within 7 days” either of the date of the commitment meeting or, if the commitment is “auto generated” within 7 days of that to accept a claimant commitment. The DWP operational guidance also repeatedly makes clear that where a claimant has “complex needs” the claim should not however, even after the 7 days, be “closed” (ie refused).
• Regulation 16 of the UC Regs provides for three situations in which the requirement to have accepted a claimant commitment is dis-applied:

1. the claimant lacks capacity
2. there are exceptional circumstances in which it would be unreasonable to expect the person to accept a claimant commitment
3. the claimant is terminally ill

• This template argues that either the claimant did not fail to accept their claimant commitment as they were given fewer than 7 days to accept it, or, in accordance with reg.16(b) UC Regs, the claimant does not have to meet the basic condition of entitlement to have accepted a claimant commitment as “exceptional circumstances” exist which render it unreasonable to expect them to do so. Further, the claimant's personal circumstances are relevant factors for the DWP to determine whether reg 16(b) applies, the DWP is aware of the claimant's complex needs and does not appear to have taken them into account before reaching the decision to refuse the claimant's entitlement. 

Information about your client

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

Background facts

Such as:

• family, health, disability, housing situation, etc
• date your client claimed UC and reason they claimed
• details of your client’s complex needs and specifically how and when they have been evidenced to the DWP, in particular any difficulty managing their online account
• what financial hardship your client is experiencing as a result of the decision to refuse their UC, eg
  • any risk to their being able to afford to pay for their housing, heating or food
  • any need to use food banks, and
  • any detriment to their health and welfare or to any of their family member’s health and welfare.

Information about the decision

• Date and how your client was asked to accept their claimant commitment.
• Date their claim was ‘closed’ and how this was communicated to your client. 

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.