You’ve been refused a benefit for the DWP – so what’s next?
People who have been turned down for benefits can appeal against the decision. In recent months, the DWP has seen a surge in applications for lesser-known benefits like Pension Credit, while disability benefit requests have continued to rise since the pandemic.
Yet many benefit applications are rejected and some individuals face receiving incorrect amounts. This is where mandatory reconsideration comes into play.
It’s a free request that Brits can make about a new or existing claim to get the DWP to review their decision on benefits, tax credits or child maintenance. You can challenge decisions such as being denied benefits and payments being stopped or changed.
But there are a few things worth knowing before attempting to secure your second chance. You can only ask for mandatory reconsideration if:
- You believe there was an error or the department overlooked crucial evidence
- You disagree with the reasons given for the decision
- You want the decision to be reviewed again
You must request mandatory reconsideration within a month of the decision, and from the benefits office that made it, such as using your online Universal Credit journal. You can also contact most offices via phone, letter or by posting a mandatory reconsideration form, more details on this can be found on the gov.uk website and the letter about your benefits decision.
To initiate the request, you must provide the date of the decision, along with your personal details, including name, address, date of birth, and National Insurance number. Additionally, you should clearly explain why you believe the decision is incorrect and submit any supporting evidence not previously provided, as the DWP advises: “Only include evidence you have not already sent.”
It is recommended to label each piece of evidence with your full name, date of birth, and National Insurance number before submitting it to the benefit office. Further information on acceptable evidence and eligible decisions can be found on the gov.uk website. Costs associated with obtaining or submitting this evidence cannot be reclaimed.
At the start of the mandatory reconsideration process, the benefit office will re-evaluate their decision and issue a ‘mandatory reconsideration notice’, which will indicate whether their decision has been altered and provide the reasoning behind it. For existing claims, mandatory reconsideration may result in benefits being stopped, increased, decreased, or remaining unchanged.
Citizen’s Advice cautions: “There’s no limit on the amount of time it will take the DWP or HMRC to reconsider the decision. If you think that the delay is unreasonable in your case, you could try to make a complaint.”
If the decision is revised in your favour, resulting in an increased claim or the commencement of benefits, you should receive any backdated payments owed to you. If the DWP maintains its initial decision, you can lodge an appeal with the Social Security and Child Support Tribunal.
This tribunal involves a judge hearing both sides of the argument before making a ruling. You must lodge your appeal to the tribunal within one month of receiving your mandatory reconsideration notice. The original letter detailing the decision about your benefit will specify whether it is subject to mandatory reconsideration or if it can proceed directly to an appeal.
