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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

Challenging Claimant Commitments

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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Total Posts: 19

Joined: 8 January 2019

Do you have clients with inappropriate claimant commitments? Challenge them before your client is sanctioned (or to protect them from being sanctioned again) using one of our template letters.

There are now judicial review pre-action protocol letters templates you can use here http://www.cpag.org.uk/content/judicial-review-pre-action-letters for the following:

Claimant works part time, is carer and has a child

Claimant has baby aged under 1

Claimant has baby aged 1

Claimant has child aged 2

Claimant has child aged 3 or 4

Claimant has child aged 5 - 12

Claimant has child aged 13 + 

As well as templates on many other issues.

If you use one of our letters, please, please, please let us know how it goes by completing this survey (average completion time 1min 13 secs) https://www.surveymonkey.co.uk/r/PM2F32W

Thanks

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Total Posts: 791

Joined: 22 August 2013

anything that could be done with a template for issues pre wca for a client waiitng to be assessed?

Jess Strode
forum member

Judicial Review Project | Child Poverty Action Group

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Total Posts: 19

Joined: 8 January 2019

I have just finished one for where the DWP failed to send someone for a WCA during the 365 days of their contribution based ESA award, then them terminating the award as it was time limited (available here: http://www.cpag.org.uk/content/judicial-review-pre-action-letters, called: ‘Failure to send an ESA50 and termination of contribution based ESA after 365 days without assessment of entilement to income related ESA’). A bit niche for a template, but in case it’s of use!

There will be more UC conditionality letters and I will look at doing one before the WCA.

Thank you for the suggestion.

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Total Posts: 497

Joined: 9 January 2017

Jess Strode - 12 April 2019 04:36 PM

I have just finished one for where the DWP failed to send someone for a WCA during the 365 days of their contribution based ESA award, then them terminating the award as it was time limited (available here: http://www.cpag.org.uk/content/judicial-review-pre-action-letters, called: ‘Failure to send an ESA50 and termination of contribution based ESA after 365 days without assessment of entilement to income related ESA’). A bit niche for a template, but in case it’s of use!

There will be more UC conditionality letters and I will look at doing one before the WCA.

Thank you for the suggestion.

Judging from the DWP response to our colleague Christine’s letter (who you helped re: above niche template) i.e. letter from their legal people. Its very very useful template (massive thanks from us).

 

NAI
forum member

Unclaimed Benefits Campaign, Middlesbrough CAB

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Total Posts: 91

Joined: 12 January 2015

I too have used a template though not for UC. Jess’ project is extremely useful is resolving apparently intractable situations, as was her advice.