UC claim 'closure' following failure to attend initial evidence meeting

You can use this template if:

• your client made a claim for UC (the 'first UC claim')
• they didn't attend the initial evidence meeting and so their UC claim was refused (that is, they were notified their claim had been ‘closed’)
• they subsequently made another claim for UC (the ‘second UC claim')
• they attended an evidence of identity interview in connection with the second UC claim and proved their identity
• UC has not been awarded from the date of the first UC claim

If your client has not made a second UC claim this template can be adapted for use, provided that they can prove their identity (for example, at appeal).

The legal arguments in this template include:

1. There is no legal concept of ‘closing’ a claim. The ‘closure’ of a claim can be interpreted as a refusal to make an award in respect of the claim.
2. Reg. 37(2) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI No. 381) (the ‘UC(C&P) Regs’) allows the Secretary of State to require a person who has made a claim for UC to provide information or evidence.
3. Applying the principles set out in Kerr and R(H) 3/05, a failure to satisfy reg. 37 does not in itself provide the basis for a determination that a claimant is not entitled to universal credit. Instead, the decision maker should make a decision on entitlement on the basis of the information available.
4. Although a negative inference may be made from the failure to attend an initial evidence meeting, if the claimant on application for revision or appeal then provides sufficient evidence of identity the basis for such a negative inference falls away.
5. The First-tier Tribunal can make any decision which the SSWP could have made, taking account of available evidence relevant to the facts in dispute, this includes evidence produced after the date of a decision under appeal if it relates to a claimant’s circumstances at the date of decision (R(DLA)4/05).

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the date your client claimed UC
• the date of the initial 'evidence of identity' meeting they were supposed to attend but did not
• the date your client requested a mandatory reconsideration of this decision
• the date your client submitted the appeal
• if your client submitted a further claim for UC following the 'closure' of their earlier claim
  • the date they did so
  • the date of the subsequent 'evidence of identity' meeting which they attended

Information about the decision

• the date of the DWP's decision that your client was not entitled to UC (that is, the date they were informed their claim was 'closed)
• if possible, a copy of the notification of this decision (for example either a letter or journal note)
• the date of the mandatory reconsideration notice they received after requesting a mandatory reconsideration of the DWP's decision
• if your client submitted a further claim for UC following the 'closure' of their earlier claim
  • the date of the DWP's decision to award UC, if it has been awarded
  • the date from which UC was awarded