DWP refusal to exercise discretion to split UC payments between claimants in a couple in unequal shares

You can can use this template if all the following apply:

• your client is a severely disabled person
• your client does not have childcare responsibilities
• your client receives UC ‘split payments’ with their partner
• your client's partner mismanages their share of the payments and does not contribute to household expenditure
• your client has requested the split payments be in unequal shares, and this has been refused
• your client has sought review of the decision and this has been refused.

This letter assumes:

• your client's partner receives carers allowance
• your client's UC is managed by her/his deputy

• The DWP has discretion under reg 47 of the Universal Credit (Claims and Payments) Regulations 2013 to make ‘split payments’ in unequal shares where it is in the interests of the claimant, a child, or a person with a severe disability to do so. 
• DWP guidance, chapter B1: payment of UC, PIP, ESA and JSA, confirms "UC payments made to joint claimants may be split between the couple, in such proportion as the DM sees fit".
• The DWP have failed to exercise this discretion, this is unlawful.
• DWP's operational  guidance 'Money Guidance and Alternative Payment Arrangement’ (V34) purports to fetters the discretion available under the legislation where it states a "larger percentage  [can only be] allocated to the person with primary caring responsibilities, this means the one with childcare", ie, suggesting unequal shares are only available where the award includes children; this is unlawful.

Information about your client:

• name
• national insurance number (NINo)
• address
• date of birth

Background facts:

• your client's household or family situation including evidence that the DWP knew your client's partner is reckless with their money
• disability or medical details about your client
• date and reason they claimed UC
• how and when your client requested unequal shares and what evidence they provided to support their request 
• how and when DWP responded
• date and details of all contacts and correspondence with the DWP
• details of financial hardships / debts caused by the claimant's partner's mismanagement of their share of the UC award 
• the effect on health on the claimant's health

Information about the decision:

• date of the decision when the DWP refused to split the payments in unequal shares and reason provided (include quotes from the journal if possible)

We've created this guide to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.