Challenging Benefit Decisions
Contents
Eligibility
Applicable Benefits
How to request a Mandatory Reconsideration
What you need to provide
What happens next?
Overview
If you disagree with a decision about benefits, tax credits or child maintenance you can ask for the decision to be looked at again - this is called a ‘mandatory reconsideration’.
You usually need to ask for mandatory reconsideration within one month of the date of the decision, unless you have a very good reason for the delay. You may also be given a deadline to submit your mandatory reconisderation, it is important to meet this deadline. In some cases, you may be able to extend the deadline by calling the DWP to request this.
Eligibility
You can do this if any of the following apply:
you think the office dealing with your claim has made an error or missed important evidence
you disagree with the reasons for the decision
you want to have the decision looked at again
Some decisions cannot be reconsidered. Others can go straight to an appeal. Your original decision letter will say if this applies to you.
Applicable Benefits
You can ask for mandatory reconsideration for benefits including:
Attendance Allowance
Bereavement Allowance
Carer’s Allowance
Carer’s Credit
child maintenance (sometimes known as ‘child support’)
Compensation Recovery Scheme (including NHS recovery claims)
Diffuse Mesotheliomia Payment Scheme
Disability Living Allowance
Employment and Support Allowance (ESA)
Funeral Expenses Payment
Income Support
Industrial Injuries Disablement Benefit
Jobseeker’s Allowance (JSA)
Maternity Allowance
Pension Credit
Personal Independence Payment (PIP)
Sure Start Maternity Grant
Universal Credit (including advance payments)
Winter Fuel Payment
Other Benefits
There is a different process for the following benefits:
How to request a Mandatory Reconsideration
Contact the benefits office that gave you the decision. You can contact them:
by phone
by letter
The contact details are on your decision letter.
If you get Universal Credit
If you get Universal Credit you can use your journal to ask for mandatory reconsideration.
If you’re unable to use your journal, you can ask for mandatory reconsideration in any of the following ways:
writing to the address on your decision letter
calling the Universal Credit helpline
Universal Credit helpline
Telephone: 0800 328 5644
Welsh language: 0800 328 1744
Textphone: 0800 328 1344
Monday to Friday, 8am to 6pm
Before you ask for mandatory reconsideration
If you’re not sure whether to ask for a mandatory reconsideration or what evidence to give, Money Advice Hub may be able to assist or you can contact a local advice agency or call the benefits office dealing with your claim. They’ll be able to explain the reason for your benefit decision and answer any questions.
You can still ask for a mandatory reconsideration after you’ve spoken to your benefits office.
If you want an explanation in writing
You can ask for a written explanation from the benefits office dealing with your claim - known as a ‘written statement of reasons’. You do not need to do this for Personal Independence Payment - your decision letter will include a written statement.
You can still ask for mandatory reconsideration, but must do this within 14 days of the date on your written statement of reasons.
Applying after one month
You can ask for a mandatory reconsideration after this but it must be for a good reason, for example if you’ve been in hospital or had a bereavement. You must explain why your request is late.
Call the phone number on your decision letter first, you can agree an extended deadline if you have good reasons to do so.
What you need to provide
You need to give:
the date of the original benefit decision
your name and address
your date of birth
your National Insurance number
Explain what part of the decision is wrong and why?
If you want to send evidence
This needs to shows why the decision was wrong. It could, for example, be:
new medical evidence
reports or care plans from specialists, therapists or nurses
bank statements or payslips
Only include evidence you have not already sent.
Write your full name, date of birth and National Insurance number at the top of each bit of evidence and send it to the benefit office where you applied for your benefit.
You cannot claim back the cost of any evidence you pay for.
It will not help your claim to include:
general information about your condition - for example factsheets, medical certificates or sick notes
appointment cards or letters about medical appointments, unless you could not claim your benefit because you were at the appointment
letters about tests that you’re due to have
If you’re not sure what evidence to send, read the guidance for the request form. You can also call the number on your decision letter.
What happens next?
The benefits office that gave you the original benefit decision will reconsider it - you’ll get a ‘mandatory reconsideration notice’ telling you whether they’ve changed the decision. It’ll explain the reasons for that decision and the evidence it was based on.
Your benefit may increase, decrease, stop or stay the same following mandatory reconsideration.