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Last updated:
19/10/2018

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

  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

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.

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 couldn’t 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. If you are still not happy with the outcome you can appeal to an independent tribunal. 

 

 

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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
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