Challenging Benefit Decisions

Contents

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:



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:

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:



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:



Universal Credit helpline

Telephone: 0800 328 5644

Welsh language: 0800 328 1744

Textphone: 0800 328 1344

Monday to Friday, 8am to 6pm

Find out about call charges


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:


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:

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:


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.