UK Benefit Appeal Guide: Win Mandatory Reconsideration

Introduction

Are you struggling with a benefit decision that you believe is incorrect? This simple guide will walk you through the process of challenging a decision through mandatory reconsideration, ensuring you understand your rights and the steps to take. If you need assistance along the way, Contend’s highly trained AI legal experts are here to help you navigate the complexities of the system. With Contend, accessing legal help has never been easier in the UK.

If you’ve received a decision about your benefits that you disagree with, you have the right to challenge it. This process is known as “mandatory reconsideration.” It’s a way for the Department for Work and Pensions (DWP) or HM Revenue and Customs (HMRC) to review their decision before you can take it further to a tribunal.

What is Mandatory Reconsideration?

Mandatory reconsideration is your opportunity to ask the DWP or HMRC to take another look at their decision regarding your benefits. This applies to both new claims and existing claims, including situations where you’ve requested a change to your benefit amount and it was denied.

Important Notes:

• If you’re challenging the amount of your benefit, be cautious. The DWP or HMRC will review your entire claim again, which could result in a lower benefit or even a denial.
• If your decision is about Housing Benefit or Employment and Support Allowance (ESA), the process may differ, so be sure to check the specific guidelines for those benefits.

How Long Do You Have to Challenge a Decision?

Your decision letter will specify how long you have to request a reconsideration. Generally, you need to submit your request within one month of receiving the decision. For tax credits, the time frame is 30 days.

Missed the Deadline?

If you miss the one-month deadline, you can still request a reconsideration within 13 months, but you’ll need to provide a valid reason for the delay, such as a hospital stay. If you do this, write a letter to explain your situation, or use your Universal Credit online account if applicable.

What If It’s Been Over 13 Months?

If more than 13 months have passed since the decision, the DWP or HMRC will only reconsider if you can prove they made a mistake, such as misapplying the law or not considering relevant evidence.

How to Request a Mandatory Reconsideration

1. Check Your Decision Letter: It should outline how to challenge the decision. The process may differ between DWP and HMRC, depending on the type of benefit.

2. Gather Your Information: When writing your request, include:

3. Your full name
4. Your National Insurance number
5. A clear explanation of why you believe the decision was wrong
6. Submitting Your Request:
7. For DWP Decisions: You can either write a message in your Universal Credit account, fill out the CRMR1 form, or write a letter.
8. For HMRC Decisions: Use the appropriate forms for Child Benefit or tax credits, which can be found on the GOV.UK website.
9. Keep a Record: Always keep a copy of your request and any additional evidence you send. If you’re close to the deadline, it’s a good idea to call first and follow up in writing.

What Happens Next?

After you submit your request, there’s no set time frame for the DWP or HMRC to make a decision. If you believe the wait is unreasonable, you can file a complaint.

If they change their decision, you’ll receive any owed benefits backdated to the relevant dates. If they maintain their original decision, you have the option to appeal to a tribunal. You’ll receive a “Mandatory Reconsideration Notice,” which you’ll need to proceed with an appeal.

Keep in Mind:

You cannot appeal certain decisions, such as how and when to pay your benefits or if your claim is under review.

Need Help?

If you’re feeling overwhelmed or unsure about the process, consider trying Contend’s legal expert chat for assistance. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Challenging a benefit decision can be daunting, but knowing your rights and the steps to take can empower you to advocate for yourself effectively. Contend is the Easiest Legal Help in the UK.

For more info, check out some of our related articles:

• Guide to Appealing a Benefit Decision First in the UK
• UK Benefit Appeal Guide: Steps for Mandatory Reconsideration & Tribunal
• Challenge Your UK Housing Benefit Decision: Free Guide
• PIP Refused Twice? Guide to Appeals and Mandatory Reconsiderations
• How to Challenge Your ESA Decision: Expert Help in the UK