Challenging a decision: mandatory reconsideration and redetermination

If the Department for Work and Pensions (DWP), HMRC or another benefit decision maker has sent you a decision you think is wrong, you can ask for it to be looked at again. For most DWP and HMRC benefits this first step is called a mandatory reconsideration, and you normally have one month from the date on your decision letter to ask for it¹. You cannot usually appeal to an independent tribunal until this review has been done and you have received the result, called a mandatory reconsideration notice².

In Scotland, many benefits are now administered by Social Security Scotland rather than the DWP, and the equivalent step is called a redetermination. The rules are different: the time to ask is normally 31 days, and Social Security Scotland has 56 calendar days to make its new decision³.

This page explains both processes: what they cover, the deadlines, how to ask, what evidence helps, what the outcome can be, and where to get free help.

What a mandatory reconsideration is and which benefits it covers

A mandatory reconsideration is a formal request for the same organisation that made a benefit decision to look at that decision again. A different person should carry out the review: the person who looks at your claim again should not be the same person who made the original decision⁷. The review is of the decision itself, so the decision maker can change it in any direction, not only in the way you asked.

The process covers decisions on benefits administered by the DWP and HMRC. Benefits that have mandatory reconsideration include Personal Independence Payment (PIP), Disability Living Allowance (DLA), Attendance Allowance, Employment and Support Allowance (ESA), Universal Credit, Carer's Allowance and Pension Credit². It also applies to decisions on tax credits, where HMRC aims to carry out the mandatory reconsideration within 42 days⁸, and to Child Benefit, where you ask using a form called a CH24A or by calling the Child Benefit Helpline⁵. Child Maintenance Service decisions can also be challenged by asking for a mandatory reconsideration before you can appeal⁹.

Not every benefit decision goes through this route. A mandatory reconsideration is not necessary to challenge a decision made by a local authority, such as your local council, and for Housing Benefit you can often appeal straight to an independent tribunal³. The Scottish system has its own process, covered later on this page.

The DWP publishes easy read guides covering what a mandatory reconsideration is, what to do before asking for one, when to ask, and what the DWP will look at when dealing with a request¹⁰.

The deadline: one month from your decision letter

You have one month from the date on the decision letter to ask for the mandatory reconsideration¹. This applies across the DWP benefits the process covers: for PIP you have one month from the date on the letter¹¹, for DLA the same¹², and for New Style ESA one month from the date on the decision letter¹³. For DWP legacy benefit overpayments, the request should be made within one month of being sent or given the decision¹⁴.

The clock starts from the date on the letter, not the date you received it, so if a letter sat unopened or was delayed in the post, the deadline may be closer than you think. If you are anywhere near the limit, it is safer to ask in whatever way is fastest and confirm the details in writing afterwards.

There are two ways the deadline can be extended. The first is asking for a written statement of reasons, covered in the next section. The second is the late request route, which allows up to 13 months in certain circumstances. One official guide to child maintenance decisions gives a slightly different figure, saying to get in touch within 32 days of the date of the letter telling you about the decision¹⁵; the one-month figure is the one used across the independent advice sector for DWP benefits.

Asking late: up to 13 months with a good reason

If you miss the one-month deadline, you can still ask. The decision maker may accept a request up to 13 months after the date you originally received the decision, but only if you can show you had a good reason for the delay⁴. Independent guidance is consistent on this window: late requests of up to 13 months from the date of the decision may be possible¹⁶, and for DLA it is very likely to be accepted if it is within 13 months¹². For tax credit decisions, you can still ask within 13 months of your revised notice award if there are special circumstances⁸.

For a late request to be accepted, the conditions are that it was made as soon as possible, the decision date was less than 13 months ago, and there is a good reason for the delay¹⁷. A good reason for missing the deadline is required², and guidance on late requests says the letter to the DWP needs to explain why the request could not be made within the one-month time limit and to ask for the deadline to be extended¹⁸. Examples of good reasons include serious illness or a family emergency, but the decision maker decides each case.

After 13 months the position changes. You would need to show that the DWP made a mistake, such as getting the law wrong or overlooking evidence, to be able to apply for a mandatory reconsideration, called a specific grounds revision¹⁹. A recent Upper Tribunal decision has decided that you can have the right to appeal if you request a mandatory reconsideration within 13 months¹⁸, which matters if your late request is refused.

How to ask for a mandatory reconsideration

There are several ways to ask. You can write to the benefit office using the contact details on your decision letter, use the Mandatory Reconsideration Request form, or write a letter¹. For PIP specifically, you can write a letter explaining why you disagree, fill in a mandatory reconsideration form, or call the DWP²¹. For tax credits you can use Form WTC/AP, and the request is made in writing⁸.

A request can be made over the phone, but guidance says to confirm it in writing⁴. Independent guidance on DLA puts it more strongly: asking in writing is described as better, with a phone request suggested only where the deadline is about to be missed²². For Child Maintenance Service decisions, the request can be made by calling the CMS, writing to the CMS, or contacting the CMS through an online account⁹.

When you ask, include your national insurance number, the date of your decision letter, and why you disagree with the decision. If you are late, tell them why¹⁷. The dedicated guide to writing a mandatory reconsideration letter goes through this in detail, and the comparison of mandatory reconsideration and tribunal appeal explains how the two stages differ.

What to include and what evidence helps

The most important part of your request is an explanation of why you think the decision was wrong. For a Work Capability Assessment decision, that means saying which descriptors you meet and why²⁴. The evidence should focus on how you meet the criteria set out in the assessment¹³.

You do not need new medical evidence to ask²⁵. But while it is not required, medical evidence can be extremely useful in supporting your challenge, and your evidence can come from doctors, consultants, community psychiatric nurses or any other healthcare professionals¹³. For DLA claims for children, the most effective challenges often do not rely on medical evidence at all: they simply explain exactly how much more help your child needs than another child of the same age²².

For the Work Capability Assessment stage, using a structured letter tool appears to make a real difference: research suggests it more than doubles your chances of success at the mandatory reconsideration stage²⁶. Advicenow provides free tools to help with PIP, DLA and Work Capability Assessment mandatory reconsiderations²⁴, and its PIP letter tool is free to claimants, updated with funding from the Ministry of Justice²⁰.

When the review is finished, the decision maker sends you two copies of a Mandatory Reconsideration Notice explaining their decision, and you will need both if you want to appeal to a tribunal⁵. The notice is a letter from the DWP²⁷, and you must ask for the mandatory reconsideration before you can receive one²⁷.

How long a reconsideration takes

There is no legal time limit on how long a mandatory reconsideration should take, and it can be as much as 12 weeks or even more²⁵. In practice, some decisions are reviewed within a couple of weeks, while others can take several months²⁷. HMRC is the exception on timing: it aims to carry out mandatory reconsiderations within 42 days⁸.

Because there is no deadline for the decision maker, independent guidance suggests chasing the request. Guidance on DLA says that if nothing has been heard after 8 weeks, the office can be rung to find out what is happening²⁵, and that after 12 weeks it suggests phoning again and making a complaint about the unreasonable delay, particularly where it is causing financial hardship²². One PIP guide suggests ringing after 6 weeks, and making an official complaint if nothing has been heard after 2 or 3 months²⁰.

The wait matters because you cannot appeal to a tribunal until the reconsideration is finished and you have the notice. The guide to complaining to the DWP covers the complaints route, and what happens to payments during mandatory reconsideration explains the position with your money while you wait.

What the outcome can be, and backdating

A mandatory reconsideration can go four ways. Your benefit could be continued at the same amount, increased, reduced, or stopped altogether⁴. The review is not limited to the point you challenged, so it is worth being aware that the decision can come back worse as well as better.

Where the decision is changed in the claimant's favour, the benefit that should have been paid is backdated to the date of the original decision¹⁶. For a successful PIP mandatory reconsideration, backpay is paid to the date of the original claim². For Child Maintenance Service decisions, any updates to payments are backdated to the date the change took place²⁸.

If you are still unhappy with the outcome after receiving the mandatory reconsideration notice, you can appeal to an independent tribunal¹⁸. The guide to appealing to a tribunal covers that stage, and appealing after the one-month deadline covers late appeals.

When you can go straight to appeal

You can normally only appeal after you have received a Mandatory Reconsideration Notice⁶. That is the general rule, but there are exceptions.

The main one is local authority decisions. A mandatory reconsideration is not necessary to challenge a benefits decision made by local authority decision makers, like your local council⁴, and if you want to challenge a Housing Benefit decision you do not necessarily need to ask for a mandatory reconsideration first: you can appeal immediately to an independent tribunal³. There may be other exceptions for benefits where an appeal can be made without first asking for a mandatory reconsideration²⁹.

For ESA decisions, you may be able to go directly to appeal without going through mandatory reconsideration; check your decision letter, which should say whether this applies to you². If a late mandatory reconsideration request is refused, you can appeal that refusal through a tribunal if you are still within 13 months of the date on your decision letter⁹.

Redetermination in Scotland: the 56-day decision rule

If your benefit is administered by Social Security Scotland, the equivalent of a mandatory reconsideration is called a redetermination. If you do not agree with Social Security Scotland's decision, you have the right to ask them to take a fresh look at it³⁰. Social Security Scotland is the executive agency of the Scottish Government responsible for delivering social security benefits for Scotland³¹, and it has now transferred all identified disability and carer benefit cases from the DWP³², so Scottish claimants on benefits like Adult Disability Payment, Child Disability Payment and Pension Age Disability Payment use this route.

The time limits differ from the DWP system, and the sources differ on one of them. Independent guidance says the time limit for asking for a redetermination or appeal is normally 31 days from the date of the decision you are challenging, or 42 days for winter heating assistance³. Official statistics publications, however, state that a request for a re-determination should be made within 42 calendar days of being notified of the determination, for benefits including Carer Support Payment and Pension Age Disability Payment³³.

The decision timescale is clearer: Social Security Scotland has 56 calendar days to make a re-determination³³. Unlike the DWP process, this is a real limit, and the official statistics show it is largely met: for Pension Age Disability Payment, 98% of re-determinations were closed within 56 days, and for Scottish Adult Disability Living Allowance the median response time was 47 working days, with 99% closed within 56 days³⁴.

Social Security Scotland's decision letters, called notices of determination, must by law be clear and accessible and give guidance and explanations about the decision that has been made³⁶. If you have a terminal illness, Social Security Scotland aims to make a decision as quickly as possible, in around 7 working days³⁶. You can contact Social Security Scotland free on 0800 182 2222, by text relay, webchat or British Sign Language relay³⁷. The guide to moving between Scotland and the rest of the UK covers what happens to a challenge that is underway when you move.

Appealing to a tribunal after the review

Once the mandatory reconsideration notice has been received, the next stage is an appeal to the First-tier Tribunal. The deadline for appealing is one month from the date on the Mandatory Reconsideration Notice⁶. Other guidance puts the same limit slightly differently: the appeal must be made no later than one month after the date the mandatory reconsideration notice was sent¹⁹, or within one month of the date the notice was received⁷. Both copies of the notice are needed for the appeal⁵.

If your appeal to the First-tier Tribunal is unsuccessful, there is a further stage. You can appeal to the Upper Tribunal if you have already had a mandatory reconsideration and then appealed to the First-tier Tribunal². The Upper Tribunal does not re-hear your case from scratch; it considers whether the First-tier Tribunal made an error of law.

Where to get free help with a challenge

You do not have to pay for help with a mandatory reconsideration or redetermination, and getting advice is worthwhile because the quality of what you write at this stage affects your chances. Free sources include:

• Advicenow, a charity that provides free letter tools for PIP, DLA and Work Capability Assessment mandatory reconsiderations²⁰.
• Turn2us, which publishes step-by-step guidance on challenging DWP, PIP and ESA decisions¹.
• Age UK, which explains how to challenge a benefit decision, including asking by phone and what to put in writing⁴.
• Carers UK, which publishes a guide to challenging a benefits decision, with a separate version for Scotland¹⁶.
• Scope, which covers challenging PIP and other benefit decisions, including when you can go straight to appeal².
• Contact, for families of disabled children challenging DLA and other decisions³.
• National Debtline and Business Debtline, for decisions about overpayments of tax credits and DWP benefits⁸.
• MoneyHelper and local advice agencies, which can help you find a benefits adviser near you; the guide to checking what you are entitled to lists free calculators and sources of advice.

For Scottish benefits, Social Security Scotland itself can help: you can call free on 0800 182 2222, and support is available if you have questions, are unsure whether to report a change, need help completing a form, or need help getting information about a health change or sending documents³⁸. The agency can also be contacted about Carer Support Payment and other Scottish payments through the same routes³⁷.