The Department for Work and Pensions (DWP) has issued a new ‘easy read’ guide to help people understand what a Mandatory Reconsideration is and when someone can ask for one. The new online publication aims to make the process simpler for claimants who are keen to challenge a benefit outcome.
If you disagree with a decision about benefits, Tax Credits or child maintenance you can ask for the decision to be looked at again - this is called ‘Mandatory Reconsideration’. If you ask for Mandatory Reconsideration, someone will look at your whole benefit claim again and as a result, your benefit may stop, stay the same, increase or decrease.
If you need help understanding the reason for your benefit decision, call the benefits office dealing with your claim. They will be able to explain the reason for the decision and answer any questions - you can still ask for Mandatory Reconsideration after you’ve spoken to your benefits office.
You can ask for a written explanation from the benefits office dealing with your claim - known as a ‘written statement of reasons’.
You do not need to do this for Personal Independence Payment (PIP) - your decision letter will include a written statement.
You can still ask for Mandatory Reconsideration, but must do this within 14 days of the date on your written statement of reasons.
You can ask for Mandatory Reconsideration if any of the following apply:
- you think the office dealing with your claim has made an error or missed important evidence
- you disagree with the reasons for the decision
- you want to have the decision looked at again
You can read the first part of the easy-read guidance, ‘Understanding Mandatory Reconsideration’ online here.
How to ask for a Mandatory Reconsideration
You can ask DWP for Mandatory Reconsideration for benefits including:
- Attendance Allowance
- Bereavement Allowance
- Carer’s Allowance
- Carer’s Credit
- Compensation Recovery Scheme
- Diffuse Mesotheliomia Payment Scheme
- Disability Living Allowance (DLA)
- Employment and Support Allowance (ESA)
- Funeral Expenses Payment
- Income Support
- Industrial Injuries Disablement Benefit
- Jobseeker’s Allowance (JSA)
- Pension Credit
- Personal Independence Payment (PIP)
- Universal Credit (including advance payments)
- Winter Fuel Payment
You can ask HMRC for Mandatory Reconsideration for benefits including:
- Child maintenance
- Maternity Allowance
- Sure Start Maternity Grant
Different processes for other benefits
It’s important to be aware there is a different process for:
- Child Benefit and Guardian’s Allowance - find out more here
- Tax-Free Childcare and 30 hours free childcare - find out more here
- Tax Credits - find out more here
- Housing Benefit - find out more here
- Budgeting Loans - find out more here
- Child Disability Payment - find out more here
- Adult Disability Payment - find out more here
How to ask for Mandatory Reconsideration
The new easy-read guide urges claimants to make sure they understand the reason for the decision they received before asking for Mandatory Reconsideration as this will help you explain why you disagree.
If you do not have your decision letter, contact the office where you applied for the benefit.
If you get Universal Credit
You can ask for Mandatory Reconsideration by using your journal.
If you’re unable to use your journal, you can ask for Mandatory Reconsideration in any of the following ways:
- writing to the address on your decision letter
- filling in and returning a form for asking for Mandatory Reconsideration
- calling the Universal Credit helpline on 0800 328 5644 (Monday to Friday, 8am to 6pm)
What you need to provide
When you ask for mandatory reconsideration, you need to give:
- the date of the original benefit decision
- your name and address
- your date of birth
- your National Insurance number
Explain what part of the decision is wrong and why - you can send evidence to support your reasons.
If you send evidence
Any evidence you send needs to support your reasons for why the decision was wrong. It could, for example, be:
- new medical evidence
- reports or care plans from specialists, therapists or nurses
- bank statements or payslips
It’s important to only include evidence you have not already sent.
Write your full name, date of birth and National Insurance number at the top of each piece of evidence and send it to the benefit office where you applied for your benefit.
You cannot claim back the cost of any evidence you pay for.
Do not include:
- general information about your condition - for example factsheets, medical certificates or sick notes
- appointment cards or letters about medical appointments, unless you could not claim your benefit because you were at the appointment
- letters about tests that you’re due to have
What happens next
The benefits office that gave you the original benefit decision will reconsider it.
When they’ve reconsidered it, you will get a letter called a ‘Mandatory Reconsideration notice’ telling you whether they have changed the decision.
The Mandatory Reconsideration notice will explain the reasons for that decision and the evidence it was based on.
If you disagree with the outcome
You can appeal to the Social Security and Child Support Tribunal if you think the decision in the Mandatory Reconsideration notice is wrong. The tribunal is independent of government.
A judge will listen to both sides of the argument before making a decision.
You usually need to do this within one month of the date of your Mandatory Reconsideration notice.
You can read the full Mandatory reconsideration guide on GOV.UK here.
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