You are currently in the wal section of the site.

No thank you, please close this banner.

Last updated:
23/07/2018

What is mandatory reconsideration?

  1. Overview
  2. What is mandatory reconsideration?
  3. I’m out of time – is there anything I can do?
  4. What happens to my benefits during mandatory reconsideration?
  5. What happens to my benefits after mandatory reconsideration?
  6. Sample letters
  7. Next steps

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:

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.

How do I ask for a mandatory reconsideration?

To ask for a mandatory reconsideration, you can call, write a letter or fill in a Mandatory Reconsideration form. If you write to them, 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.

In your letter or over the phone you can explain why you think the DWP have made the wrong decision and you can send more medical evidence to back up your argument.

We advise that you either write to the DWP or fill in the form rather than ring because:

  • 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

However, if you are near the deadline it might be better to call the DWP but then follow it up with a letter or form.

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

Child Benefit Mandatory Reconsideration

To request a mandatory reconsideration for child benefit you need to fill in a form called a CH24A 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 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 to 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’.

 

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 Social Security Tribunal.

Share this article

Within this subject

  1. Overview
  2. What is mandatory reconsideration?
  3. I’m out of time – is there anything I can do?
  4. What happens to my benefits during mandatory reconsideration?
  5. What happens to my benefits after mandatory reconsideration?
  6. Sample letters
  7. Next steps
x

Is this article helpful to you?

Was this article helpful to you?

×
Please tell us more

For urgent help, please see Help & contacts