Skip to main content
Home›Benefits›Mandatory Reconsideration

Mandatory Reconsideration: How to Challenge a Decision

Data last checked on .

Checked against socialsecurity.gov.scot, mygov.scot, legislation.gov.uk and one other official source. Edited by Steven Butler.

All the pages checked

If you disagree with a decision about your benefits, you can ask for the decision to be looked at again. This is called mandatory reconsideration. You usually need to ask within one month of the date of the decision, and you cannot appeal to the tribunal until you get your mandatory reconsideration notice.

Key points
  • ✓You usually need to ask for mandatory reconsideration within one month of the date on your decision letter. If you are writing, the letter or form must arrive by then.
  • ✓You cannot appeal to the Social Security and Child Support Tribunal until you get your mandatory reconsideration notice. Some decisions can go straight to an appeal, and your original decision letter will say.
  • ✓You can ask after one month if you have a good reason, for example if you have been in hospital or had a bereavement. You must explain why your request is late.
  • ✓Make sure you understand the reason for the decision first, so you can explain why you disagree. Someone will look at your whole benefit claim again, and your benefit may stop, stay the same, increase or decrease.
  • ✓For initial PIP decisions after an assessment from April 2021 to March 2026, 15% of completed mandatory reconsiderations resulted in a change to the award.

What is a Mandatory Reconsideration?

If you disagree with a decision about benefits or child maintenance you can ask for the decision to be looked at again. This is called mandatory reconsideration, and it is free to ask. You can ask if you think the office dealing with your claim has made an error or missed important evidence, you disagree with the reasons for the decision, or you want to have the decision looked at again.

You cannot appeal to the Social Security and Child Support Tribunal until you get your mandatory reconsideration notice. Some decisions cannot be reconsidered, and others can go straight to an appeal. Your original decision letter will say if this applies to you.

You can ask for mandatory reconsideration for benefits including Attendance Allowance, Carer's Allowance, Disability Living Allowance (DLA), Employment and Support Allowance (ESA), Jobseeker's Allowance (JSA), Pension Credit, Personal Independence Payment (PIP), Universal Credit (including advance payments) and Winter Fuel Payment, and for child maintenance.

  • No: There are different processes to challenge decisions about Budgeting Loans, Child Benefit, Guardian's Allowance, Housing Benefit, Social Security Scotland benefits, Tax-Free Childcare and 30 hours free childcare, and Vaccine Damage Payment.

Our guides cover PIP, DLA for adults, Universal Credit and Housing Benefit.

The deadline, this is critical

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

You can ask for mandatory reconsideration after one month, but it must be for a good reason, for example if you have been in hospital or had a bereavement. You must explain why your request is late, and you should call the phone number on your decision letter first.

If you ask the benefits office for a written statement of reasons, you must still ask for mandatory reconsideration within 14 days of the date on your written statement of reasons. You do not need to ask for one for Personal Independence Payment, because your decision letter includes a written statement.

In Scotland this works differently. If you live in Scotland you apply for Adult Disability Payment instead of PIP, and challenging a decision has its own steps and deadlines:
  • You ask Social Security Scotland for a re-determination, not a mandatory reconsideration. You have 42 calendar days (6 weeks) to ask. A late request can be accepted with a good reason, as long as it is no more than one year after you got the decision letter.
  • When they get your request, Social Security Scotland tell you how long they have to make a new decision.
  • You can then appeal to the First-tier Tribunal for Scotland within 31 calendar days of getting their re-determination letter, or their letter saying they could not make the decision in time. A late appeal may be accepted with a good reason, up to one year after that letter.

How to request a Mandatory Reconsideration

1
Understand the decision
Make sure you understand the reason for the decision, because this will help you explain why you disagree. If you need help understanding it, call the benefits office dealing with your claim. You can still ask for mandatory reconsideration after you have spoken to them.
2
Contact the benefits office
Contact the benefits office that gave you the decision, using your journal (if you have a Universal Credit account and the decision is about Universal Credit), by phone, by letter, or by filling in and returning a form for asking for mandatory reconsideration. The contact details are on your decision letter. If you do not have your decision letter, contact the office where you applied for the benefit.
3
Give your details
You need to give the date of the original benefit decision, your name and address, your date of birth and your National Insurance number.
4
Give your reasons
Explain what part of the decision is wrong and why. You can send evidence to support your reasons.
5
Send evidence that supports your reasons
Any evidence you send needs to support your reasons for why the decision was wrong, for example new medical evidence, reports or care plans from specialists, therapists or nurses, or bank statements or payslips. Only include evidence you have not already sent, and write your full name, date of birth and National Insurance number at the top of each bit of evidence.
6
Wait for the notice
The benefits office that gave you the original decision will reconsider it. When they have, you get a letter called a mandatory reconsideration notice telling you whether they have changed the decision.
  • No: Do not include general information about your condition, for example factsheets, medical certificates or sick notes.
  • No: Do not include appointment cards or letters about medical appointments, unless you could not claim your benefit because you were at the appointment, or letters about tests that you are due to have.
  • No: Do not include bus or train tickets to prove you have made a journey.
  • No: You cannot claim back the cost of any evidence you pay for.

What happens after you request an MR?

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

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

You can appeal to the Social Security and Child Support Tribunal if you think the decision in the mandatory reconsideration notice is wrong. A judge will listen to both sides before making a decision, and the tribunal is independent of government.

You usually need to appeal within one month of the date of your mandatory reconsideration notice. Keep your notice safe, because you cannot appeal until you have it.

For initial PIP decisions after an assessment from April 2021 to March 2026, 15% of completed mandatory reconsiderations resulted in a change to the award, and 35% of completed mandatory reconsiderations then lodged an appeal (DWP).

Writing an effective MR letter

A mandatory reconsideration request needs to say what part of the decision is wrong and why, and give the date of the decision, your name and address, your date of birth and your National Insurance number.

  • Yes: Say which part of the decision is wrong and why.
  • Yes: Include evidence you have not already sent, such as new medical evidence or reports or care plans from specialists, therapists or nurses.
  • Yes: Put your full name, date of birth and National Insurance number at the top of each bit of evidence.

Browse all benefits guides.

Where to go next

Benefits
Adult Disability Payment (Scotland)
The Scottish benefit that replaced PIP: rates, the points system, how to apply and how to challenge a decision.
Benefits Appeals
Taking your MR to the First-tier Tribunal if it's unsuccessful.
Universal Credit
Full UC guide including what to do when claims go wrong.
PIP
PIP decisions and how to challenge them.

Frequently asked questions

How do I request a mandatory reconsideration?

Contact the benefits office that gave you the decision, using your journal (for Universal Credit decisions), by phone, by letter, or by filling in and returning a form for asking for mandatory reconsideration. The contact details are on your decision letter. You need to give the date of the original decision, your name and address, your date of birth and your National Insurance number, and explain what part of the decision is wrong and why.

How do I ask for a PIP reconsideration?

Personal Independence Payment is one of the benefits you can ask for mandatory reconsideration for. You usually need to ask within one month of the date on your decision letter. You do not need to ask for a written statement of reasons for PIP, because your decision letter includes one. Keep the mandatory reconsideration notice, because you cannot appeal to the tribunal until you get it.

Is there a mandatory reconsideration form?

You can ask by filling in and returning a form for asking for mandatory reconsideration, and you can also use your journal (for Universal Credit decisions), phone or letter. The contact details are on your decision letter. If you are not sure what evidence to send, read the guidance for the form or call the number on your decision letter.

Related guides

PIP Appeal
Then the tribunal. Deadlines, evidence
Challenge Your Assessment Report
Challenge your PIP assessment report: the standards DWP sets for assessors
ESA
Employment and Support Allowance: rates, the Work Capability Assessment, Support Group vs WRAG, and how to challenge...
PIP Assessment Report
Part of our Benefits guides.
GP & Medical Evidence
PIP medical evidence that helps: show function, not just diagnosis, relate it to the decision date, and send...
Sanctions
What counts as a good reason, hardship payments, who is exempt, and how to challenge

Found this useful? Link to it

If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.

https://www.knowyourrightsuk.com/benefits/mandatory-reconsideration
Know Your Rights UK. "Mandatory Reconsideration: How to Challenge a Decision." Know Your Rights UK, https://www.knowyourrightsuk.com/benefits/mandatory-reconsideration