What happens to my benefits during mandatory reconsideration?

Will I get Employment and Support Allowance (ESA) during my mandatory reconsideration?

This section is quite complex; make sure you read it through carefully to make sure you understand all of your options.

If you are appealing your Employment and Support Allowance (ESA) decision, you will not usually be paid ESA during the mandatory reconsideration. However, you might start to get ESA money if you appeal at a tribunal.

If the Department for Work and Pensions (DWP) put you in the Work-Related Activity Group (WRAG) and you want to move into the Support Group, you will get ESA during the mandatory reconsideration.

If you are appealing your ESA decision because the DWP say you are fit for work, you will not get any ESA while you are going through mandatory reconsideration.

How do I ask the DWP to reconsider a sanction?

If you have been sanctioned, your benefit will be reduced or not paid during mandatory reconsideration. You can ask for a mandatory reconsideration so you can challenge the decision. The contact details of how you can ask for a mandatory reconsideration can be found in the letter you will have received informing you of your sanction.

The DWP will however want you to tell them in detail why you believe that the sanction was wrong. To present your argument you should go over the reasonable criteria to ensure that your case matches the right grounds for challenging a sanction. You should also check if you have been given the right level of sanction.

If you would like advice and support regarding asking the DWP to reconsider a sanction, you can ask an MHMA advisor for assistance and support.

You can also apply for a hardship payment if you need money to avoid a crisis or suffering financially. To claim a hardship payment contact Job Centre Plus.

I have been through mandatory reconsideration before, will I get ESA?

You may not get ESA during mandatory reconsideration if you have made a new claim since a failed mandatory reconsideration unless the DWP feel your health has deteriorated significantly.

What can I do if my ESA stops during mandatory reconsideration?

You may be able to claim other benefits while you are waiting for your mandatory reconsideration decision.

If the DWP say you are fit for work, you will not get any ESA while you are going through mandatory reconsideration, but you can claim Job Seekers Allowance (JSA) during the mandatory reconsideration process.

JSA will be paid at the same rate as the ESA assessment rate, which is up to £84.80 per week if you are over 25.

If you are asking the DWP to reconsider a sanction, your benefit will be reduced or not paid during mandatory reconsideration. You can apply for a hardship payment if you need money to avoid a crisis or suffering.

If you have been through mandatory reconsideration before, you will not get ESA during the process unless the DWP feel your health has deteriorated significantly.

If you made a claim for contribution-based ESA, you can make a claim for contribution-based JSA but to get JSA, you need to meet the conditions that Jobcentre Plus set you. If you are in a Universal Credit ‘Full Service Area’ Contributory Job Seekers Allowance will be called ‘New Style’ Job Seekers Allowance instead. You should speak to a welfare benefits adviser if this is your situation as this can be complex.

In some areas, you will be asked to claim Universal Credit (UC) instead – this depends on whether UC has been rolled out in your area.

Mandatory Reconsideration or Redetermination?

When an individual disagrees with and challenges a decision made about their benefit, the Department of Work and Pensions refers to this as a Mandatory Reconsideration. However, Social Security Scotland calls this a redetermination.

The main difference between a Mandatory Reconsideration and a Redetermination is that the latter has a time limit for the agency to make a decision on entitlement. A MR on the other hand has an unlimited time frame which leaves people waiting sometimes months on end for a decision on their appeal.

If your JSA reconsideration is successful

The DWP should pay you JSA arrears for the time you weren’t receiving JSA. They often pay this as one lump sum. They may also want to pay you in instalments, but only if they believe it is in your best interests and you agree with their decision.

If you are finding it difficult to meet the conditions of Universal Credit (UC) or Jobseeker’s Allowance (JSA) and you claim for UC or JSA

Jobcentre Plus will say that you need to:

• Actively look for work, and
• Be available to take a job if you are offered one.

If you feel that you cannot meet these conditions, you could ask Jobcentre Plus to change them and they call this ‘easing conditionality’. To persuade Jobcentre Plus to do this, tell them how your mental health condition affects how you can look for work – it is important that you keep getting notes from your GP that say you are not able to work and make sure that you send these to the DWP while you are going through mandatory reconsideration.

Will I get Jobseeker's Allowance (JSA) during my reconsideration?

If you are appealing a JSA decision, you will not usually get any payments during a reconsideration and appeal period.

Will I get PIP during my reconsideration and appeal?

You will not usually get any payments during a reconsideration and appeal of a PIP decision. Your payment will start from the date of the original decision.

However, there are a few exceptions. For example, if you have already been getting your PIP claim reviewed and ask for a reconsideration.

If you are moving from DLA to PIP you will continue to get DLA for 4 weeks following the decision. If you lose your DLA mobility component and you are on the Motability scheme you may be eligible for the transitional support package. There are more details on the Motability website.

If your PIP reconsideration or appeal is successful

The DWP should pay you arrears for the time you weren’t receiving PIP. They often pay this as one lump sum. They may also want to pay you in instalments, but only if they believe it is in your best interests and you agree with their decision.

Will I get Universal Credit (UC) payments during my reconsideration?

If you are appealing a UC decision, this depends on which element of UC you are challenging. If you are challenging a decision about having limited capability for work, you can make a claim for the standard allowance of UC and you should ask for easements of the conditions about looking for work.

If your UC reconsideration or appeal is successful

The DWP should pay you arrears for the time you weren’t receiving UC. They often pay this as one lump sum. They may also want to pay you in instalments, but only if they believe it is in your best interests and you agree with their decision.