I’m out of time – is there anything I can do?

Sometimes, the Department for Work and Pensions (DWP) will let you ask for a mandatory reconsideration if you’ve missed the one-month deadline.

You should write to the DWP to ask for the reconsideration - in your letter, explain why you could not ask in the one-month time limit and ask them to extend the deadline, but you can only ask for a late reconsideration up to 13 months after the original decision. The later you ask, the stronger your reasons need to be. The DWP will accept a late reconsideration if:

• It is reasonable
• You could not ask earlier because of special circumstances

If you were unwell or in hospital at the time, for example, you could ask the DWP for a late reconsideration, but it’s their choice whether to accept this or not. The DWP will not accept a late reconsideration because you did not know about the law or time limits.

A recent Upper Tribunal decision has decided that you can have the right to appeal as long as you request a mandatory reconsideration within 13 months.

This means DWP will either need to:

• reconsider their decision or revise it due to an official error
• give you a mandatory reconsideration notice saying the decision cannot be revised

Either way you should receive a mandatory reconsideration notice and if you are still not happy with the outcome you can appeal to an independent tribunal.