What is a Mandatory Reconsideration?

When the Department for Work and Pensions (DWP) makes a decision about your benefit, they will write to you. If you don’t agree with their decision you have one month to ask them to reconsider it. You have to ask the DWP to reconsider their decision before you can appeal at a tribunal. This is called a ‘mandatory reconsideration’.

You can ask for a mandatory reconsideration for decisions about all DWP benefits including:

• Personal Independence Payments (PIP),
• Universal Credit (UC),
• Disability Living Allowance (DLA),
• Employment and Support Allowance (ESA), and
• Jobseeker’s Allowance (JSA).

You can read more about challenging a local authority’s decision in our appeals page – this could include benefits such as housing benefit or council tax reduction.

Stages to asking for a mandatory reconsideration

To ask for a mandatory reconsideration, you can call, write a letter or fill in a Mandatory Reconsideration form. You may want to initially phone the DWP to request a mandatory reconsideration. Over the phone, you can briefly explain why you think the DWP have made the wrong decision.

We advise that you follow on from this phone call by either writing to the DWP or filling in the form. This is for the following reasons:

• You can keep a copy of your letter or form
• It encourages you to send in further evidence if you have it available
• The Mandatory Reconsideration form is likely to be processed quicker than the letter

If you write to the DWP, keep a copy and send it by recorded delivery or get proof of postage, as this can help you to make sure they receive it in the one-month time limit.

Evidence

For the mandatory reconsideration to be reassessed, you must ensure that you have the right evidence to support your application such as your decision letter and statement of reasons.

It can also be helpful to include any medical evidence to support your statements. You can ask the DWP to send copies of their information to help the decision. No further information will be required until the DWP have recorded action.

However, if you are near the deadline you need to call the DWP. Although there is a one-month deadline it is often shorter than this as you must ask for a mandatory reconsideration within one month of the date on your decision letter. Therefore, if you need support during the process you need to act quickly as time is limited.

It is a good idea to follow up the phone call by putting this information in writing in the form of a letter so that nothing is lost.

Tax Credit Mandatory Reconsideration

To request a mandatory reconsideration for tax credits you need to fill in a form called a  WTC/AP. Or you can make the request online.

Call the Tax Credit Helpline on 0345 300 3900 to get a copy of the form.

Child Benefit Mandatory Reconsideration

To request a mandatory reconsideration for child benefit you need to fill in a form called a CH24A online or you can call the Child Benefit Helpline on 0300 200 3100.

Can I ask the DWP for written reasons for their decision?

You can ask the DWP for written reasons for their decision, but you don’t have to. If you would like reasons, ask as soon as possible and the DWP should send them to you in 14 days; asking for their reasons may help you put forward your argument.

If you ask for reasons, you will have an extra 14 days to ask for a mandatory reconsideration, and additionally, if the DWP don’t send the written reasons within a month after their decision, you have 14 days from the date you receive them to ask for mandatory reconsideration.

What happens during Mandatory Reconsideration?

Someone from the DWP will look at your claim again to see if the decision was right. This person is called the ‘decision maker’ – they will not have seen your claim before, so they may phone you to ask why you disagree with the decision. You should explain why and give them more information and evidence. If you don’t feel you can talk to them, you could ask them if your carer could talk to them for you and you might be able to arrange another time when they can talk to you and your carer together.

Can I send more evidence?

Yes you can send more evidence and if you would like to, make sure it gets to the DWP within the one-month deadline. Ask someone at the DWP where to send it and you can also ask him or her not to make any new decision until they have seen your evidence. If you need more time, you can request an extension.

If the decision maker calls you, they may ask you if you have any other medical evidence to support your claim. If you do have more evidence, they will tell you where you should send it and they will give you one month to send them the evidence – they should agree not make a decision until they have seen the evidence.

If they don’t get the evidence in one month, they will make a decision based on the information they have. The DWP do not have to make their decision in a certain time and this can take a few weeks or a few months.

You can find a sample letter at the end of this section – this could help you to ask your healthcare professionals for evidence to support you.

What happens when they make a decision?

The decision maker will send you two copies of a Mandatory Reconsideration Notice – this explains what their decision is, so you need to keep these safe and you will need them if you want to appeal to a tribunal.

If the DWP change their decision in your favour, they will pay you the benefits you should have been paid from the date of your claim. This is called ‘backdating’.

The DWP may not change their decision. If you still disagree with them, you can appeal the decision to the Scottish Courts and Tribunal Service.