Challenge a benefit decision (mandatory reconsideration)

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1. Eligibility

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’.

It’s free to ask for mandatory reconsideration.

This guide is also available in Welsh (Cymraeg) and easy read format.

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

Some decisions cannot be reconsidered. Others can go straight to an appeal. Your original decision letter will say if this applies to you.

You usually need to ask for mandatory reconsideration within one month of the date of the decision. You can ask for it after one month if you have a good reason, for example if you’ve been in hospital or had a bereavement.

Benefits this applies to

You can ask for mandatory reconsideration for benefits including:

  • Attendance Allowance
  • Bereavement Allowance
  • Carer’s Allowance
  • Carer’s Credit
  • child maintenance (sometimes known as ‘child support’)
  • Compensation Recovery Scheme (including NHS recovery claims)
  • 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)
  • Maternity Allowance
  • Pension Credit
  • Personal Independence Payment (PIP)
  • Sure Start Maternity Grant
  • Universal Credit (including advance payments)
  • Winter Fuel Payment

There’s a different process for Child Benefit, Tax-Free Childcare and 30 hours free childcare, Guardian’s Allowance, tax credits, Housing Benefit, Vaccine Damage Payment, Budgeting Loans, Child Disability Payment and Adult Disability Payment.

2. Before you start

Make sure you understand the reason for the decision you received before you ask for mandatory reconsideration. This will help you explain why you disagree.

If you ask for mandatory reconsideration, someone will look at your whole benefit claim again. Your benefit may stop, stay the same, increase or decrease.

Understanding the decision you received

If you need help understanding the reason for your benefit decision, call the benefits office dealing with your claim. They’ll be able to explain the reason for your benefit decision and answer any questions.

You can still ask for mandatory reconsideration after you’ve spoken to your benefits office.

If you want an explanation in writing

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 - 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.

Get help and advice

You can get free help and advice from: 

You can also seek advice from a legal adviser or solicitor.

3. How to ask for mandatory reconsideration

Contact the benefits office that gave you the decision. You can contact them:

The contact details are on your decision letter.

You usually need to ask for mandatory reconsideration within one month of the date on your decision letter. If you’re writing, the letter or form must arrive by then.

If you do not have your decision letter, contact the office where you applied for the benefit.

There’s a different process for Child Benefit, Tax-Free Childcare and 30 hours free childcare, Guardian’s Allowance, tax credits, Housing Benefit, Vaccine Damage Payment, Budgeting Loans, Child Disability Payment and Adult Disability Payment.

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

Only include evidence you have not already sent.

Write your full name, date of birth and National Insurance number at the top of each bit 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
  • bus or train tickets to prove you’ve made a journey

If you’re not sure what evidence to send, read the guidance for the form for asking for mandatory reconsideration. You can also call the number on your decision letter.

Applying after one month

You can ask for mandatory reconsideration after one month but it must be for a good reason, for example if you’ve been in hospital or had a bereavement. You must explain why your request is late.

Call the phone number on your decision letter first.

What happens next

The benefits office that gave you the original benefit decision will reconsider it.

When they’ve reconsidered it, you’ll get a letter called a ‘mandatory reconsideration notice’ telling you whether they’ve changed the decision.

The mandatory reconsideration notice will explain the reasons for that decision and the evidence it was based on.

4. 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 supported by HM Courts and Tribunal Services (HMCTS) and is independent of government.

A judge will listen to both sides of the argument before making a decision.

You usually need to appeal within one month of the date of your mandatory reconsideration notice.

You cannot appeal to the Social Security and Child Support Tribunal until you get your mandatory reconsideration notice.