23 December 2023 Money Carer
Appointeeship, Deputyship, Carer Cards, Power of Attorney Welfare Benefit - FAQ's

What is a Mandatory Reconsideration?

A mandatory reconsideration is a process that allows individuals to request a review of a decision made by the Department for Work and Pensions (DWP) or another government department regarding certain benefits and financial support programs. It allows claimants to challenge or appeal decisions with which they disagree before proceeding to a formal appeal tribunal.

Here’s an overview of how the mandatory reconsideration process works:

  1. Initial Decision: The process begins when a claimant receives a decision letter from the DWP or another government department regarding their benefit claim. This decision could relate to Personal Independence Payment (PIP), Universal Credit, Employment and Support Allowance (ESA), or other welfare benefits.
  2. Disagreement with the Decision: If the claimant disagrees with the decision, they can request a mandatory reconsideration. This should be done in writing, and the request must generally be made within one month of receiving the decision letter.
  3. Mandatory Reconsideration Review: The request triggers a review of the initial decision by a different DWP decision-maker. During the mandatory reconsideration process, the decision-maker will re-examine all the evidence provided, including any new information or additional documentation submitted by the claimant.
  4. Outcome of the Reconsideration: After the reconsideration review is completed, the claimant will receive a mandatory reconsideration notice, which informs them of the outcome. The notice will state whether the decision has been changed, upheld, or changed in part.
  5. Further Appeal: If the claimant remains dissatisfied with the outcome of the mandatory reconsideration, they have the option to proceed to the next stage, which is an appeal to an independent tribunal. This is typically known as the “First-tier Tribunal” or the “Social Security and Child Support Tribunal.” The appeal tribunal will conduct a formal hearing and make a final decision.

It’s important to note that the mandatory reconsideration process is a prerequisite for most benefit-related appeals in the UK. In other words, claimants generally need to request and complete the mandatory reconsideration process before they can move on to an appeal tribunal. However, some benefits, like Child Benefit or Tax Credits, have different appeal processes.

Claimants seeking a mandatory reconsideration should carefully follow the instructions provided in the decision letter they receive, and they may also consider seeking advice and assistance from organizations that specialize in welfare benefits and appeals.

Tags: challenging a DWP claim decision, mandatory reconsideration
Quick Links