№ lp_2_1_13695
Pre-action judicial review correspondence challenging the failure and delay of the Secretary of State for Work and Pensions to determine a Universal Credit claimant’s capability for work and entitlement to the LCWRA element on the basis of existing paper-based medical evidence.
Document Type: Judicial Review Pre-Action Protocol Letter Before Claim
Jurisdiction: United Kingdom
Subject Matter: Universal Credit and Limited Capability for Work and Work Related Activity (LCWRA)
Proposed Defendant: Secretary of State for Work and Pensions
Relevant Authority: Department for Work and Pensions (DWP)
Related Authority: Government Legal Department
Legal Framework: Pre-action Protocol for Judicial Review
Referenced Legislation: Crown Proceedings Act 1947 (Practice Direction, December 2023)
Referenced Case Law: R (HM, KH and MA) v Secretary of State for the Home Department [2022] EWHC 2729 (Admin)
Date Reference: January 2024 (address for service change)
Intended Recipient: Department for Work and Pensions and The Treasury Solicitor
Purpose: Challenge to failure or delay in making a Work Capability Assessment decision based on paper evidence
Target Benefit: Universal Credit
Element in Dispute: Limited Capability for Work and Work Related Activity (LCWRA)
Price: 8 / 10 USD
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