Introduction
Have you recently received a decision regarding your Jobseeker’s Allowance (JSA) or support for mortgage interest (SMI) that you believe is incorrect? If so, you have the right to request a mandatory reconsideration from the Department for Work and Pensions (DWP) to challenge that decision. This article will guide you through the process, helping you understand your rights and how to effectively navigate the reconsideration procedure. If you need further assistance, Contend’s highly trained AI legal experts are here to help you understand and resolve your legal issues. Contend offers the easiest legal help in the UK, ensuring you’re never alone in this process.
If you’ve recently received a decision about your Jobseeker’s Allowance (JSA) or support for mortgage interest (SMI) that you believe is incorrect, you have the right to ask the Department for Work and Pensions (DWP) to review that decision. This process is known as a “mandatory reconsideration,” and it’s completely free. You don’t need a lawyer or any legal help to do this.
When Should You Request a Mandatory Reconsideration?
You might want to request a mandatory reconsideration if:
- You were denied JSA or SMI, but you have proof that you qualify.
- Your JSA payments stopped because you didn’t follow your jobseeker’s agreement, but you had a valid reason for it.
- The DWP believes you were overpaid, but you have evidence showing you were paid the correct amount.
Before you ask for a reconsideration, make sure you’re actually eligible for JSA. If you’re not eligible, it might not be worth your time to challenge the decision.
Keep in mind that the DWP will not consider factors like whether your JSA payments are enough to live on or if you’d rather not visit the Jobcentre. They will only change their decision if they made a mistake or if you had a good reason for not following your jobseeker’s agreement.
If You’ve Been Sanctioned
If you’ve been sanctioned, you can still request a mandatory reconsideration. However, it’s a good idea to check if you can challenge the sanction itself and gather any necessary evidence first.
Gather Your Evidence
The DWP usually requires evidence to support your case. Depending on why you’re challenging the decision, you may need different types of evidence. Here are some tips:
- If you reported a change in your circumstances that the DWP didn’t account for, gather any letters or proof of your communication with them.
- If you called to report a change, you can request a transcript of that call by filling out a form on the GOV.UK website.
Remember, it can take several weeks to get this information, so don’t wait for it to arrive before you send your reconsideration request. You can mention in your request that you’ve made a subject access request and will send the evidence once you receive it.
How to Request a Mandatory Reconsideration
You have one month from the date of the decision letter to ask for a mandatory reconsideration. If you miss this deadline, you can still submit a request within 13 months, but you’ll need to explain why you were late.
If the DWP didn’t provide a clear reason for their decision, you should contact them and ask for a “written statement of reasons.” Once you receive this, you’ll have an additional 1 month and 14 days to submit your reconsideration request.
What to Include in Your Request
You can request a mandatory reconsideration using the CRMR1 form or by writing a letter. Be sure to include:
- Your full name and National Insurance number.
- A clear explanation of why you disagree with the DWP’s decision, including any supporting facts or examples.
- If applicable, details about any sanctions and the reasons for your actions.
Don’t forget to include your contact information so the DWP can reach you if they have questions.
What Happens Next?
After you submit your request, the DWP will review your case. They’ll send you a “mandatory reconsideration notice” detailing their new decision and the reasons behind it. This usually takes about 14 working days. If you haven’t heard back after a month, feel free to contact the DWP for an update.
While You Wait
If you’re struggling financially while waiting for a decision, look into local assistance programs that can help with food and other essentials. If you’ve been sanctioned, you might be eligible for a hardship payment.
What If You Still Disagree?
If the DWP maintains their original decision after the mandatory reconsideration, you can take your case to an independent tribunal. This process is also free and may result in a different outcome.
For more information, you can contact the DWP Benefit Enquiry Line at 0800 169 0310 or visit the GOV.UK website.
Remember, you’re not alone in this process. You can try Contend’s legal expert chat for support and guidance as you navigate your situation. Contend’s highly trained AI legal experts will work with you to provide the assistance you need to understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
For more info, check out some of our related articles:
