Use this template to challenge DWP's failure to exercise discretion not to recover an overpayment of universal credit (UC) when your client was eligible for, but did not claim, pension credit and housing benefit during the period of the overpayment at a higher rate than the UC they received.
Use this template to challenge the DWP's decision to recover as a lump sum a tax credit overpayment from a back payment of universal credit (UC) that was owed to your client for a period when the limited capability for work and work-related activity (LCWRA) element should have been included in their UC award, and where your client had an instalment arrangement with HMRC that they were complying with.
Use this template to challenge the DWP’s refusal to apply the universal credit (UC) work allowance to your client's earnings (including sick pay) when your client is ‘treated as having limited capability for work-related activity (LCWRA)’ for UC due to having treatment for cancer.
Use this template to challenge DWP's refusal to include 100% of your client's contractual liability when calculating their universal credit (UC) housing costs element because your client has a joint tenancy, but the joint tenant has moved out (an 'untidy tenancy') and your client must pay the full rent in order to stay in the property.
Use this template to challenge the DWP's decision to supersede your client's universal credit (UC) award, to remove the child element when your client's child turned 16, without asking first whether that child remains in full-time, non-advanced education or approved training and is therefore a qualifying young person for UC purposes.
Use this template to challenge DWP's failure to provide adequate reasons for a universal credit (UC) work capability assessment (WCA) determination, including where generic or standard reasons have been provided.
Use this template to challenge DWP's decision to 'close' your client's universal credit (UC) award, ie to revise the decision awarding your client UC and to create an overpayment, because your client failed to attend an interview at the Jobcentre, and the DWP's delay in responding to your client's mandatory reconsideration request challenging this decision.
Use this template to challenge the DWP's decision to 'close', ie, refuse your client's claim for pension credit because they do not satisfy the habitual residence test (HRT) when your client is a refugee, or has other status which exempts them from the HRT.
Use this template to challenge DWP’s incorrect treatment of an overpayment of wages as either earned or unearned income rather than capital when calculating your client's universal credit (UC) entitlement.
Use this template to challenge the DWP's refusal to stop deductions from your client's universal credit (UC) for rent arrears during your client's debt relief order (DRO) moratorium when your client listed their arrears as a DRO qualifying debt and does not have, or has already varied the terms of, a suspended possession order including repayment terms.
Use this template to challenge DWP’s refusal to stop deductions from your client's universal credit (UC) for gas or electricity arrears and ongoing usage when your client has cleared all their gas or electricity arrears and their account is in credit.
Use this template to challenge DWP's refusal to include the limited capability for work-related activity (LCWRA) element from the start of your client's universal credit (UC) award when your client was previously assessed as having LCWRA for employment and support allowance (ESA) and has been entitled to national insurance (NI) credits since their ESA entitlement ended (ie, ESA did not end because your client was found not to have LCWRA).
