If you disagree with a decision about your benefits, you do not have to simply accept it. The first step in challenging almost any benefit decision is to ask for a Mandatory Reconsideration, where the DWP looks at the decision again. Many decisions are changed at this stage. This guide explains what a Mandatory Reconsideration is, how to ask for one, and how to give yourself the best chance.
What a Mandatory Reconsideration is
A Mandatory Reconsideration is a request for the DWP, or the relevant benefit authority, to look again at a decision you disagree with. It applies to most benefits, including Universal Credit, Personal Independence Payment, Employment and Support Allowance and others. It is called mandatory because, for most benefits, you have to go through this stage before you can appeal to an independent tribunal, so it is the essential first step in challenging a decision.
When you can ask for one
You usually have one month from the date of the decision to ask for a Mandatory Reconsideration. If you are outside this time limit, you can still ask, giving the reason for the delay, and a late request can be accepted for up to 13 months in some circumstances. Because the time limit is short, it is important to act quickly once you receive a decision you disagree with, rather than putting it off.
How to ask
You can ask for a Mandatory Reconsideration by phone, in writing, or using a form, depending on the benefit. Whichever way you do it, explain clearly which decision you disagree with and why, setting out the reasons you think it is wrong. It helps to refer to the specific points you disagree with, such as the way your health condition or circumstances were assessed, rather than simply saying you are unhappy with the outcome.
Send more evidence
One of the most useful things you can do is provide more evidence to support your case. This might be medical evidence, letters from people who know your situation, or information that was not considered the first time. Good, relevant evidence that addresses the reasons for the decision can make a real difference, so it is worth gathering what you can and sending it in with your request, or as soon as possible afterwards.
What happens next
The benefit authority looks at the decision again, taking account of anything new you have provided, and sends you a Mandatory Reconsideration Notice telling you the outcome. The decision can be changed in your favour, left the same, or in some cases changed against you. If it is changed in your favour, that may be the end of the matter. If it is not, the notice is what you need to take the next step and appeal.
If the decision does not change
If the Mandatory Reconsideration does not give you the result you want, you can appeal to an independent tribunal, which is separate from the DWP. Many people who are unsuccessful at the reconsideration stage go on to win at appeal, so a disappointing reconsideration is not the end of the road. The Mandatory Reconsideration Notice you receive is what you use to start your appeal, so keep it safe.
Getting help
You do not have to challenge a decision alone. Advice agencies such as Citizens Advice, and welfare rights services, can help you ask for a Mandatory Reconsideration, work out what evidence will help, and put your case clearly. Their help can significantly improve your chances, and it is free, so it is well worth getting advice rather than struggling with the process on your own, especially for a decision that matters to your income.
Keep payments going where you can
For some benefits, your payments may continue while you challenge a decision. For example, when challenging a decision about Employment and Support Allowance, you may be able to keep receiving payments at a basic rate while your Mandatory Reconsideration and any appeal are dealt with. The rules vary by benefit, so it is worth checking whether you can keep some money coming in during the process, and getting advice on how to arrange it.
Common reasons decisions are wrong
Decisions are challenged successfully for many reasons, such as the assessment not reflecting how your condition really affects you, evidence being overlooked, or the rules being applied incorrectly. Knowing why you think the decision is wrong helps you focus your Mandatory Reconsideration on the right points. If you are not sure what went wrong, an adviser can look at your decision and help you identify the strongest grounds for challenging it.
Keep copies of everything
Throughout the process, keep copies of your decision letter, your request for a Mandatory Reconsideration, any evidence you send, and the Mandatory Reconsideration Notice you receive. These documents are important if you need to appeal, and they help you keep track of dates and deadlines. A simple folder of your paperwork makes the whole process easier to manage and means you have everything to hand if you need to take the next step.
Be clear and specific
The most effective Mandatory Reconsideration requests are clear and specific about what is wrong. Rather than simply disagreeing, point to the particular findings you dispute and explain why, ideally backing each point with evidence. For a health-related decision, that often means showing how your condition affects the specific activities that were scored. A focused, well-evidenced request is far more likely to succeed than a general statement that you are unhappy with the outcome.
Do not miss the deadline
The one-month time limit is important, so if you are going to challenge a decision, act quickly, even if you are still gathering evidence. You can ask for the reconsideration within the time limit and send further evidence shortly afterwards. If you have missed the deadline, do not assume it is too late, as a late request can sometimes be accepted with a good reason, but the sooner you act, the better your position.
In short
A Mandatory Reconsideration is the first step in challenging a benefit decision, where the DWP looks at it again. Ask within one month, explain clearly why the decision is wrong, and send any extra evidence you can. If it is not changed in your favour, you can appeal to an independent tribunal, where many people succeed. Free help is available, so use it.
It is your right to challenge
The most important thing to remember is that challenging a benefit decision is your right, and the system expects people to use it when they disagree. A decision is not the final word, and asking for a Mandatory Reconsideration is a normal, straightforward step, not a complaint or a confrontation. If you believe a decision about your benefits is wrong, do not simply accept it; use the process that exists precisely to put mistakes right, as it is there for exactly that purpose and is used successfully by large numbers of people every year.
Where to get help
Citizens Advice and welfare rights services can help with a Mandatory Reconsideration. See our guides to appealing to a tribunal and, for a refused PIP claim specifically, challenging a PIP decision.
Related guides: appointees and power of attorney, avoiding benefit scams, benefit fraud investigations, what to do if your benefit is stopped, complaining about the DWP and getting your benefits backdated.