These are adaptable. For example, you can use:
- the arguments in our mandatory reconsideration tools and templates to help you draft an appeal submission; and
- the arguments in our template appeal submissions to help you draft a mandatory reconsideration request.
Note: our appeal submission templates are correct on the date they were last reviewed, so please check them carefully and update as necessary before using them.
Managed migration
Refusal to cancel a managed migration notice
If you are an adviser, check our judicial review (JR) pre-action protocol template letters:
For copies of the JR template letters, advice about whether JR is the appropriate route, and for help with adapting the templates, contact our Judicial Review Project ([email protected]).
Transferring from ESA to UC
Diagnostic and mandatory reconsideration request tools
Use our tool to check the date from which a limited capability for work-related activity element should be included in your universal credit award:
Use this tool to check whether you should get the limited capability for work element or the limited capability for work-related activity element when you move from income-related employment and support allowance to universal credit and to draft a note to request a mandatory reconsideration:
Appeal submission template
Note: this appeal submission template may not be regularly updated, so please check it carefully and update and adapt it as necessary before using.
Judicial review pre-action protocol template letters
If you are an adviser, check our judicial review (JR) pre-action protocol template letters if the DWP have incorrectly failed to award a limited capability for work (LCW) or limited capability for work-related activity (LCWRA) element when a claimant has transferred from employment and support allowance to universal credit:
For copies of the JR template letters, advice about whether JR is the appropriate route, and for help with adapting the templates, contact our Judicial Review Project ([email protected]).
Transitional element
Note: If you have transferred to universal credit under the managed migration process and do not qualify for a transitional element you may still qualify for a transitional severe disability premium element if you meet the conditions for it.
Tool
If you need further information about how a transitional element has been calculated to know whether you have grounds to challenge the DWP's decision on the amount awarded, use our tool to draft a note to request a breakdown of how a transitional element has been calculated:
Request a breakdown of the calculation of a universal credit transitional element
Survey
We are gathering evidence about the information the DWP gives to claimants on their entitlement to a UC transitional element and its calculation.
Please help us by completing our short survey
Appeal submission templates
Note: these templates are not regularly updated, so please check them carefully and update and adapt them as necessary before using:
Natural migration
Transferring from ESA to UC
Diagnostic and mandatory reconsideration request tools
Use our tool to check the date from which a limited capability for work-related activity element should be included in your universal credit award:
Use this tool to check whether you should get the limited capability for work element or the limited capability for work-related activity element when you move from income-related employment and support allowance to universal credit and to draft a note to request a mandatory reconsideration:
Appeal submission template
The following template concerns someone who has transferred to UC under the managed migration process but can be adapted if the transfer occurred because of natural rather than managed migration.
Note: this appeal submission template may not be regularly updated, so please check it carefully and update and adapt it as necessary before using.
Judicial review pre-action protocol template letters
If you are an adviser, check our judicial review (JR) pre-action protocol template letters if the DWP have incorrectly failed to award a limited capability for work (LCW) or limited capability for work-related activity (LCWRA) element when a claimant has transferred from employment and support allowance to universal credit:
For copies of the JR template letters, advice about whether JR is the appropriate route, and for help with adapting the templates, contact our Judicial Review Project ([email protected]).
Transitional severe disability premium element
Appeal submission template
Note:
- you may also qualify for a transitional SDP element when you have transferred to universal credit under the managed migration process if you do not qualify for a transitional element;
- we have withdrawn our appeal submission template ‘UC transitional element erodes after claimant moves out of temporary or specified accommodation’ as this issue has now been decided by the Upper Tribunal, see SSWP v JA (UC): [2024] UKUT 52 (AAC);
- Our template 'FTT10: Carer loses UC transitional element after being assessed as having limited capability for work related activity' has been removed as the UT is now due to consider (case ref UA-2023-000561-USTA) whether it is discriminatory to erode the transitional element (either the managed migration transitional element or the transitional SDP element) if a claimant goes from having been determined to be a carer to having been determined to be a carer with limited capability for work-related activity. Claimants in this situation can appeal and ask for their case to be stayed behind the case at the UT.
- these templates are not regularly updated, so please check them carefully and update and adapt them as necessary before using:
Judicial review pre-action protocol template letters
If you are an adviser, check our judicial review (JR) pre-action protocol template letter:
For copies of the JR template letters, advice about whether JR is the appropriate route, and for help with adapting the templates, contact our Judicial Review Project ([email protected]).