Writing a Mandatory Reconsideration Letter

If you think a benefit decision is wrong, you can ask the Department for Work and Pensions (DWP) to look at it again. This is called a mandatory reconsideration. You usually have one month from the date on your decision letter to ask¹. The request can be made in writing, by phone or by using a form, depending on the benefit.

A mandatory reconsideration is the first step in challenging most benefit decisions. You must ask for one before you can appeal to a tribunal². The DWP will look at their decision again and send you a mandatory reconsideration notice telling you the outcome¹. If they do not change the decision, the notice will tell you if you have a right to appeal.

The letter you write does not need to be formal or use legal language. What matters is that you explain why you think the decision is wrong and, where you can, send evidence to support your case. Free tools and free advice are available to help you write it.

Deadline: one month from the date on your decision letter

The deadline for asking for a mandatory reconsideration is one month from the date on the decision letter¹. This applies to most benefits, including PIP⁶, DLA⁷, New Style ESA⁸, Child Benefit and Guardian's Allowance⁹, and Maternity Allowance¹⁰. For Housing Benefit, the deadline is within one calendar month of the date on the decision letter or written explanation¹¹. For Support for Mortgage Interest, you usually need to request a mandatory reconsideration within one month of the decision¹².

The deadline counts from the date on the letter, not the date you received it¹³. If your letter is delayed in the post, the one-month period has already started. This is why it helps to act quickly once the letter arrives.

If you ask for a written statement of reasons, this can extend your time limit. If you receive the written statement before the normal one-month deadline, you have an extra two weeks to ask for a mandatory reconsideration¹⁴. If you receive it after the normal deadline, you have two weeks from the date of the statement¹⁴. The time limit becomes one month and 14 days from the date you were sent the original decision letter if the statement is provided within one month³.

For tax credits, you can still ask for a mandatory reconsideration within 13 months of your revised notice award if you have special circumstances¹⁵. For DWP benefit overpayments, the request should be made within one month of being sent or given the decision¹⁶.

What a mandatory reconsideration letter is for

A mandatory reconsideration letter is your request to the DWP to look at their decision again. It is not a formal appeal. The DWP will review the decision and send you a mandatory reconsideration notice, a letter from the Department for Work and Pensions which tells the outcome of your Mandatory Reconsideration and explains whether the DWP has changed their decision¹⁸.

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 New Style ESA, you can send a completed CRMR1 form or write a letter telling them why you disagree with their decision¹⁹. For tax credits, you can use Form WTC/AP²⁰.

The letter does not need to be long. The most important thing is to explain why the decision was wrong. For Universal Credit health element decisions, this means saying which descriptors you meet and why²¹. For PIP and DLA, it means explaining how your condition affects you and why you think you meet the criteria for the award you are seeking.

A request for mandatory reconsideration can be made to the decision-maker over the phone, with the request confirmed in writing¹⁷. That leaves a record of what was asked and when.

The DWP publishes easy read guides covering what a mandatory reconsideration is, what to do before asking for one, when to ask for one, and what DWP will look at when dealing with a mandatory reconsideration²².

Sending evidence with your request

You do not have to send medical evidence with your mandatory reconsideration request, but it can be extremely useful in supporting your challenge⁸. If you have new evidence that is relevant to your case, sending it with your request can help the DWP understand why the decision should be changed.

For a Universal Credit sanction, you can ask for a mandatory reconsideration and provide any new evidence relevant since you first applied²³. For PIP and DLA, evidence might include letters from your GP, consultant or specialist, a care plan, or a statement from someone who knows how your condition affects you.

Where a mandatory reconsideration is requested by post and evidence is provided, the letter is sent by recorded delivery and a copy of the letter is kept²⁴. Sending the letter recorded delivery leaves a record of when it was sent, and keeping a copy of the letter⁸ leaves evidence if there is any dispute about whether the request arrived in time.

The mandatory reconsideration notice you receive will tell you the outcome. For New Style ESA, you will be sent a mandatory reconsideration notice, a letter which tells the outcome of your Mandatory Reconsideration⁸. For Sure Start Maternity Grant, the decision will be looked at again and you will be sent a letter explaining if a change to the original decision has been made or not²⁵.

If the decision does not change: appealing to a tribunal

If the DWP decides they cannot change the decision, they will write to you to confirm this and tell you if you have a right to appeal¹. This letter is the mandatory reconsideration notice. You must have asked for the decision to be looked at again and received the mandatory reconsideration notice before you can appeal²⁶.

You must include a copy of the mandatory reconsideration decision notice with your appeal form². Your appeal request must be made in writing, must explain why the decision is wrong, and must include a copy of the Mandatory Reconsideration Notice²⁷.

The deadline for appealing to the First-tier Tribunal is no later than one month after the date you have been sent the mandatory reconsideration notice³. It may also be possible to appeal a decision outside the one-month time limit providing you submit your appeal within 13 months of the date on the Mandatory Reconsideration notice²⁸.

If you have already had a mandatory reconsideration and then appealed to the First-tier Tribunal, you can appeal to the Upper Tribunal¹⁹. This is a further stage and only applies in certain circumstances.

For Child Benefit and Guardian's Allowance, you must have asked for a mandatory reconsideration before you can appeal to the tribunal²⁹. For New Style ESA, you must have asked for the decision to be looked at again and received the mandatory reconsideration notice first, unless you are exempt from the mandatory reconsideration process³⁰.

Can I ask for a mandatory reconsideration after the one-month deadline?

A mandatory reconsideration can be asked for after the one-month deadline if there is a good reason for the delay, or if the request was made as soon as possible and the decision date was less than 13 months ago⁴. The request is made by writing to the DWP to ask for the mandatory reconsideration, explaining why the one-month time limit could not be met and asking them to extend the deadline¹³.

For tax credits, you can still ask for a mandatory reconsideration within 13 months of your revised notice award if you have special circumstances³¹. For DWP benefit overpayments, the request should be made within one month of being sent or given the decision¹⁶.

If you asked for a written statement of reasons and received it after the normal deadline, you have two weeks from the date of the statement to ask for a mandatory reconsideration³². If you received the written statement before the normal one-month deadline, you have an extra two weeks to ask¹⁴.

The DWP will decide whether to accept a late request. If they refuse, you may still be able to appeal to a tribunal if you can show good reason for the delay.

Can someone write the letter for me?

Yes. You can ask a friend, family member, carer or an adviser to help you write the letter or write it on your behalf. Free tools are also available to help you set out your case.

Advicenow provides free mandatory reconsideration letter tools for PIP, DLA and the Work Capability Assessment⁵. The PIP tool helps you write a letter that sets out your case⁵. Advicenow is a charity and provides this tool for free⁵. They also have free tools to help with PIP mandatory reconsiderations and DLA mandatory reconsiderations²¹. The WCA mandatory reconsideration letter tool is also free³³.

These tools guide you through what to include and help you explain why the decision is wrong. They do not replace advice from a welfare rights adviser, but they can help you write a clear letter if you do not have access to one.

You can also get free help from Citizens Advice, Turn2us and other charities. An adviser can help you understand the decision, gather evidence and write your request.

Where can I find free help writing evidence for a PIP, DLA or WCA decision?

Advicenow provides free mandatory reconsideration letter tools for PIP, DLA and the Work Capability Assessment⁵. These tools help you write a letter that sets out your case. The PIP tool is free to claimants⁵. The WCA tool is also free³³.

For PIP and DLA, you can also get help from Turn2us, which provides information on challenging decisions and appealing to a tribunal³⁴. Scope provides advice on challenging PIP or other benefits decisions¹⁹. For mental health and money advice, the Mental Health and Money Advice service provides guidance on mandatory reconsideration for PIP⁴.

Carers UK provides a guide to challenging a benefits decision³⁵. Age UK provides information on how to challenge a benefit decision¹⁷. Contact provides information for families on revisions, appeals and complaints²⁷.

If you are in Scotland, Carers UK Scotland provides a guide to challenging a benefits decision²⁸. If you are in Wales, Shelter Cymru provides advice on challenging a Housing Benefit decision¹¹. For Sure Start Maternity Grant in Northern Ireland, nidirect provides guidance²⁵.

These services are free and independent. They can help you understand the decision, gather evidence and write your request.