UC claims “closed” due to failure to book/attend evidence of identity interview

Dear All,

People will be aware of the ongoing DWP practice of refusing to make awards of UC in cases where a claim has been made but the claimant fails to book or attend an evidence of identity interview:

https://www.whatdotheyknow.com/request/646353/response/1541762/attach/2/FOI2020%2008996%20Reply.pdf?cookie_passthrough=1

and

https://www.whatdotheyknow.com/request/632616/response/1515112/attach/2/FOI2020%2000634%20Reply.odt?cookie_passthrough=1

I would be quite interested to know:

1. What is typical DWP response to a request to MR such a decision? ie if MR submitted within 13 months and by that time a new claim made and the claimant has attended evidence of identity interview (my view would be that in those circumstances, on our view of the law, the DWP would have no choice but to reverse their “claim closing” decision).

2. Are any of these going to appeal and if so what happens?

Martin

Hi Martin,
I’ve submitted 2 MRs in the last week re: UC closing claims for clients who didn’t accept their claimant commitments (they cannot communicate in English amongst other reasons. Not sure how they will turn out but can let you know if it’s similar enough?

ZoeHBF - 09 March 2020 09:12 PM

Hi Martin,
I’ve submitted 2 MRs in the last week re: UC closing claims for clients who didn’t accept their claimant commitments (they cannot communicate in English amongst other reasons. Not sure how they will turn out but can let you know if it’s similar enough?

Hi Zoe- thanks. Refusing to make an award for not accepting a CC is a different issue (that is a basic condition of entitlement whereas attending an evidence of identity interview is not).

There is an article in recent Welfare Rights Bulletin on claimant commitments here- https://askcpag.org.uk/content/200514/lack-of-commitment- it goes through some of the potential arguments for challenging such decisions.