How to use these resources

If you are an adviser please:

  1. Email [email protected] to discuss your case, including if you want to request a specific template.
  2. After discussing your case, we can advise you about whether a pre-action letter is appropriate. 
  3. If a pre-action letter is appropriate, we can review your client’s evidence, then provide you with a template letter and support you to complete it, or support you to draft your own letter. 
  4. If a pre-action letter is not appropriate, we would still be happy to share the templates with you if they would be helpful to challenge the decision in a different way.

If you are a benefit claimant please find an adviser to support you as our judicial review project can only work with advisers. You may be able to find an adviser on advicelocal.uk.

Where are the template letters?
We used to publish our pre-action judicial review template letters on our website. We have recently removed them so that we can provide the most effective support with the pre-action protocol to advisers. They are listed below for your reference. Please get in touch if you have any questions.

Advisers in Scotland
The judicial review project covers England and Wales. If you are an adviser working in Scotland and want to use our template letters, we will be happy to share them with you, but please use them with caution as the pre-action protocol does not apply in Scotland. See our document explaining some of the changes needed if you are using our template letters in Scotland. 

Templates on benefits for migrants and refugees

EUSS settled status or application pending

We have the following templates (for a copy of any of these templates contact [email protected]):

DWP benefits

This template has been withdrawn:

  • JR8: Refusal of UC when a claimant has indefinite leave to remain under the EU settlement scheme (EUSS). 

You, or your client, can use the following template to make a mandatory reconsideration request instead: EU settled status MR request.

  • JR117: Suspension of UC when claimant applied to the EUSS before the deadline but has not yet received a decision and had a non I(EEA) Regs leave to remain with recourse to public funds before the end of the transition period on 30/06/21. Thanks to Hackney Community Law Centre for drafting and sharing this template. 
    JR118: Suspension of UC when claimant applied to EUSS before the 30/06/21 deadline but has not yet received a decision and had an I(EEA) Regs right to reside (eg, worker) before the end of the transition period on 31/12/20.
  • JR143: Refusal to lift stay behind SSWP v AT on new claim following claimant change of circumstances - has/had pre-settled status and now has EU settled status/qualifying right to reside. Note: this letter will need editing as the Supreme Court refused the Secretary of State permission to appeal on 07/02/24. The successful Court of Appeal decision is now final. See the notes under EU pre-settled status for further resources.

Council tax

  • JR59: refusal of CTR when has EU settled status.

For a copy of any of these templates contact [email protected].

EU pre-settled status

For pre-settled status after 9 May 2019, please refer to our test cases page on Fratila and another v Secretary of State for Work and Pensions 2021] UKSC 53 for information on CPAG's pre-settled status legal challenge. 

If your client has any other qualifying right to reside seek a mandatory reconsideration of the DWP's decision to refuse UC without considering your client's alternative right to reside.

If your client has pre-settled status, is destitute or has an alternative right to reside, and their UC claim has been stayed behind SSWP's appeal in SSWP v AT, see our test case page on SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307 for further resources. The Supreme Court refused the Secretary of State permission to appeal on 07/02/24. The successful Court of Appeal decision is now final. The resources on this page relating to AT have therefore mostly been removed pending updates. 

We have the following template:

  • JR143: refusal to lift stay behind SSWP v AT on new claim following claimant change of circumstances - has/had pre-settled status and now has EU settled status/qualifying right to reside
    This letter will need editing as the Supreme Court refused the Secretary of State permission to appeal on 07/02/24. The successful Court of Appeal decision is now final. See the notes under EU pre-settled status for further resources.

For a copy of this template contact [email protected].

Habitual residence test

Please get in touch if you have a client whose UC has been suspended for an unreasonable period (particularly if this is due to ID reverification), a template may be available: [email protected]

We have the following templates:

  • JR125: Suspension in whole (rather than in part) UC couple award where only one partner's habitual residence has been called into question. Thanks to Hackney Community Law Centre. for sharing their letter on this issue. 
    JR88: Incorrectly required to meet habitual residence test for UC – migrant victims of domestic abuse concession. See information about mandatory reconsideration in this circumstance.
  • JR10: UC delay in providing UC mandatory reconsideration decision (when mandatory reconsideration was requested of habitual residence test decision- but can be edited for any mandatory reconsideration)
  • JR78: Failure to apply St Prix period correctly re child benefit (ie, treated as a worker for reasonable period following child birth)
  • JR40: Delay in making an habitual residence test decision (and consequent delay in UC)
  • JR41: Failure to make enquiries of the DWP, Home Office or HMRC to establish habitual residence test or to consider the claimant's oral evidence when no other evidence exists - UC. Note: needs to have applied to EU settlement scheme if EU national/non-EEA national with right to reside dependent on an EEA national before 30/06/21 (unless has non EEA leave to remain under the Immigration Rules). Edits will be needed depending on whether you are arguing the claimant has their own right to reside or is relying on that of an(other) EEA national.
  • JR117: Suspension of UC when claimant applied to the EUSS before the deadline but has not yet received a decision and had a non I(EEA) Regs leave to remain with recourse to public funds before the end of the transition period on 30/06/21. Thanks to Hackney Community Law Centre for drafting and sharing this template. 
  • JR118: Suspension of UC when claimant applied to EUSS before the 30/06/21 deadline but has not yet received a decision and had an I(EEA) Regs right to reside (eg, worker) before the end of the transition period on 31/12/20.
  • JR147: Refusal to send PIP2 Form and to decide PIP claim until claimant who is within duration of existing leave to remain has applied to extend their leave to remain.
  • JR14: Failure to apply habitual residence test exemption to a refugee/other exempt status.
  • JR50: Delay implementing positive habitual residence test decision and deciding UC claim. Can be edited for any delay deciding a UC claim, you would need to remove all references to habitual residence test and the discrimination ground.
  • JR156: Refugee required to produce biometric residence permit when not yet issued; unlawful application of habitual residence test, and failure to offer a UC new claim advance. This letter covers 3 issues. Separate templates exist re habitual residence test requirement and failure to offer an advance and should be used instead if this is the only issue.

For a copy of any of these templates contact [email protected].

Refugees

We have the following templates:

  • For template journal messages for a refugee making a new claim for Universal Credit, see Benefits for migrants: tools and templates - Refugee making a new claim for universal credit. These provide templates for messages which can be posted in the claimant’s online UC journal regarding some of the key requirements for a person making a new claim for UC after having recently been granted leave further to an asylum claim and should be used before sending a pre-action letter.
  • JR127: Incorrect application of habitual residence test to Afghan refugee and consequent delay in determining UC claim (including national insurance number (NINo) issue).  This can be edited for use with Ukrainian refugees with reference to The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022, and in respect of child benefit and tax credits: The Child Benefit and Tax Credits (Amendment) Regulations 2022, and for Sudanese refugees with reference to the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (see ADM Memo 10/23 and DMG Memo 5/23 for DWP guidance). 
  • JR15: Refugee not offered UC advance
  • JR88: Incorrectly required to meet habitual residence test (HRT) for UC – Destitution Domestic Violence concession. 
    See information about mandatory reconsideration in this circumstance.
  • JR153: refugee HRT exemption not applied and UC 'claim closed'
  • JR147: refusal to send PIP2 Form and to decide PIP claim until claimant who is within duration of existing leave to remain has applied to extend their leave to remain
  • JR155B: PIP awarded to expiry date of biometric residence permit as taken as expiry date of leave to remain, and expiry date of leave to remain is irrelevant. This template challenges DWP's decision to award PIP only to the expiry date date of a claimant's biometric residence permit where the biometric residence permit expiry is not the expiry date of their leave to remain, and also expiry of leave to remain is irrelevant to the term of a PIP award, which should be set in line with a claimant's needs.
  • JR156: refugee required to produce biometric residence permit when not yet issued; unlawful application of HRT, and failure to offer a UC new claim advance. This letter covers 3 issues. Separate templates exist re HRT requirement and failure to offer an advance and should be used instead if this is the only issue.
  • JR158: pension credit claim 'closed' because failed HRT when exempt from HRT as claimant is a refugee/other exempt status. Adapted from a letter drafted and shared by CPAG Scotland.

For a copy of any of these templates contact [email protected].

The following templates have been withdrawn:

Ministers have given approval to change Sure Start Maternity Grant (SSMG) guidance, to apply an exemption to people with a pre-flight child / children, fleeing Afghanistan and Ukraine as a consequence of the Taliban takeover and the Russian invasion.

  • An exercise to review qualifying cases / claims previously disallowed under the SSMG ‘first child only’ policy will commence with immediate effect, and as long as all the other eligibility criteria is satisfied, payments will be issued over the coming weeks.
  • A communication has been issued to DWP staff informing them of the exemption for any new SSMG applications received.
  • The Social Fund Maternity and Funeral Expenses (General) Regulations 2005, GOV.UK website and SF100 claim form will be amended in due course.

If you have any difficulty getting a previous refusal changed, or see a newly issued refusal which has been wrongly issued then please us know via the Early Warning System or by emailing [email protected].

Additionally, if your client is refused a SSMG due to having previous children but does not have baby items due to fleeing domestic abuse, please get in touch by emailing [email protected].

Templates on benefits for claimants who have survived domestic abuse

Child benefit

We have the following templates:

  • JR130: HMRC Delay in deciding child benefit claim in domestic abuse cases where an abusive ex-partner has an existing child benefit award.
  • JR113: HMRC refusal to exercise discretion to move child benefit where separated parents with 50/50 custody, history of domestic and financial abuse by current recipient of child benefit who is also a higher rate tax payer, while the parent not receiving child benefit is the survivor of the abuse and receives minimum wage and/or social security benefits.

For a copy of either of these templates contact [email protected].

Habitual residence test

We have the following templates:

  • JR41: Failure to make enquiries of the DWP, Home Office or HMRC to establish habitual residence or to consider the claimant's oral evidence when no other evidence exists - UC. Note: needs to have applied to EU settlement scheme if EU national/non EEA national with right to reside dependent on an EEA national before 30/06/21 (unless has non EEA leave to remain under the Immigration Rules). Edits will be needed depending on whether you are arguing the claimant has their own right to reside or is relying on that of an(other) EEA national.
  • JR88: Incorrectly required to meet habitual residence test for UC – migrant victims of domestic abuse concession. See information about mandatory reconsideration in this circumstance.

For a copy of either of these templates contact [email protected].

Housing costs

See our template letters about 'untidy tenancies':  Judicial review pre-action template letter page: universal credit and migration to universal credit - Elements: housing costs element.

Stopping unwanted payments into domestic abuse survivors' bank accounts

Please get in touch if you have a client in this situation as the DWP has indicated it may be able to resolve individual cases, and we are happy to forward cases to them. Please contact [email protected], we will provide and authority form for your client to sign, manually or digitally.  

The DWP's legal advisers have provided the following response to correspondence from CPAG:

"...we are concerned by the cases you report where the individual has notified DWP but been told that the payment into their account cannot be stopped even where they can evidence that they are the account holder. We are committed to the prevention of abuse and we do have measures designed to support people who flee violent and abusive households. 

In light of your correspondence we will be investigating further the operational and evidential processes and considering if there are further measures required to manage this situation. In the meantime, if you do have the details of any particular individuals who are receiving their ex-partner’s UC payments into their account against their will, we can ensure they are passed to the appropriate team for consideration if they would like us to do so."

Universal credit advance

We have the following template:

  • JR142: Refusal of a new claim UC advance when a survivor of domestic abuse changes from a couple to single award and perpetrator has taken the final couple UC payment.

For a copy of this template contact [email protected].