If the Department for Work and Pensions, known as the DWP, or HM Revenue and Customs, known as HMRC, makes a decision about your benefits that you believe is wrong, you do not have to accept it. There is a set process for challenging it. In most cases you must first ask for mandatory reconsideration, which means asking the office that made the decision to look at it again. If you still disagree after that, you can appeal to an independent tribunal. This guide explains what mandatory reconsideration is, which decisions it covers, the deadlines, what evidence to send, and what happens at a tribunal. It is general information, not legal advice, and free help is available from Citizens Advice and other advice services if you need support with your own case.

What is mandatory reconsideration?

Mandatory reconsideration is the formal name for asking for a benefit decision to be looked at again. GOV.UK explains that if you disagree with a decision about benefits or child maintenance, you can ask for the decision to be looked at again, and that this is called mandatory reconsideration. 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, if you disagree with the reasons for the decision, or if you simply want the decision to be looked at again. Some decisions cannot be reconsidered, and others can go straight to an appeal. Your original decision letter will say if either of those applies to you, so read it carefully before you do anything else.

The process applies to a long list of benefits. GOV.UK says you can ask for mandatory reconsideration for decisions about Attendance Allowance, Bereavement Allowance, Carer's Allowance, Carer's Credit, child maintenance, sometimes known as child support, the Compensation Recovery Scheme including NHS recovery claims, the Diffuse Mesothelioma Payment Scheme, Disability Living Allowance, Employment and Support Allowance, Funeral Expenses Payment, Industrial Injuries Disablement Benefit, Jobseeker's Allowance, Maternity Allowance, National Insurance credits, Pension Credit, Personal Independence Payment, Sure Start Maternity Grant, Universal Credit including advance payments, and Winter Fuel Payment. There are different processes for challenging 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, so if your decision concerns one of those, follow the process named in your decision letter rather than the one in this guide.

The one-month deadline

Timing is the first thing to get right. You usually need to ask for mandatory reconsideration within one month of the date of the decision. If you are writing, the letter or form must arrive by then, not just be posted by then, so allow time for delivery. You can ask after one month, but only if you have a good reason, for example if you have been in hospital or had a bereavement, and you must explain why your request is late. GOV.UK advises calling the phone number on your decision letter first if you are asking late. Do not wait: the sooner you act, the easier it is to gather evidence and to keep the dates clear.

Before you ask, make sure you understand the reason for the decision you received, because that will help you explain why you disagree. If you need help understanding it, call the benefits office dealing with your claim. They will be able to explain the reason and answer your questions, and you can still ask for mandatory reconsideration afterwards. You can also ask for a written explanation from the benefits office, known as a written statement of reasons. You do not need to do this for Personal Independence Payment, because your decision letter will already include a written statement. If you do ask 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.

There is one warning that GOV.UK states plainly and that everyone should understand before they ask. 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. A reconsideration is not a one-way process. That is a good reason to get free advice first if you are unsure, and to make sure the evidence you send genuinely supports your case.

How to ask for mandatory reconsideration

Contact the benefits office that gave you the decision. The contact details are on your decision letter, and if you do not have the letter, contact the office where you applied for the benefit. You can contact them using your journal, if you have access to a Universal Credit account and the decision is about Universal Credit, by phone, by letter, or by filling in and returning the form for asking for mandatory reconsideration. That form is called form CRMR1. You can download it from GOV.UK, fill it in on screen, save it and print it, and the guidance published with it, known as CRMR1A, gives examples of the evidence to provide. There are Welsh versions of the form and notes as well.

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, and your National Insurance number. Then explain what part of the decision is wrong and why, and send evidence to support your reasons. Be specific. Rather than writing that the decision is unfair, explain which fact the decision got wrong, what the correct position is, and which piece of evidence proves it. For example, if the decision says you can walk a certain distance but your specialist's report says otherwise, quote the report and attach it. If the decision is about income, attach the payslips or bank statements that show the correct figures.

What evidence to send, and what to leave out

Any evidence you send needs to support your reasons for why the decision was wrong. GOV.UK gives examples: new medical evidence, reports or care plans from specialists, therapists or nurses, and 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 piece 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, so ask for free advice before paying for a private report.

Just as important is what not to send. GOV.UK says not to 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 are due to have, or bus or train tickets to prove you have made a journey. Those documents do not answer the question the decision-maker has to decide, and they can slow the process down. If you are not sure what evidence to send, read the guidance for form CRMR1, or call the number on your decision letter. Free help and advice is available from Citizens Advice, Advicenow and an adviser near you through Advicelocal, and you can also seek advice from a legal adviser or solicitor.

What happens after you ask

The benefits office that gave you the original decision will reconsider it. When it has done so, you will get a letter called a mandatory reconsideration notice, telling you whether it has changed the decision. The notice will explain the reasons for that decision and the evidence it was based on. Keep that letter safe. You will need it if you decide to appeal, and it is the document that starts the clock for the next deadline.

If the reconsideration changes the decision in your favour, that is the end of the process. If it does not, or if you disagree with how it has changed the decision, you can usually appeal to the Social Security and Child Support Tribunal. The tribunal is supported by HM Courts and Tribunals Service, known as HMCTS, and it is independent of government. A judge will listen to both sides of the argument before making a decision. You cannot appeal to the tribunal until you get your mandatory reconsideration notice, unless your decision letter says you can appeal straight away.

Appealing to the tribunal

You usually need to appeal within one month of the date of your mandatory reconsideration notice. If you start your appeal after a month, you will have to explain why you did not do it earlier, and your appeal might not be accepted. It is free to appeal a benefit decision. You can appeal online through GOV.UK, and you will need your National Insurance number, the details of any representative helping you, and your mandatory reconsideration notice, or the reason you did not need one, which will be in your decision letter. If you cannot apply online, you can appeal by post using form SSCS1 for a benefits decision, form SSCS2 for a Child Maintenance decision, which cannot be appealed online, form SSCS5 for an HMRC decision, which also cannot be appealed online, and form SSCS7 for a Vaccine Damage Payment decision. Send a copy of your mandatory reconsideration notice with the form.

You will need to choose whether you want to go to the tribunal hearing to explain your appeal in person. If you do not attend, your appeal will be decided on your appeal form and the supporting evidence you provide. You can appoint someone as a representative to help you submit your appeal, prepare your evidence, act on your behalf and give you advice. Anyone can be a representative, including friends and family, and you can also find one through a local library or an organisation that gives advice on claiming benefits, such as Citizens Advice. Name your representative when you submit your appeal, or register one afterwards by writing to HMCTS Benefit Appeals.

After you submit your appeal, it will be sent to the department that made the decision about your entitlement. That department will respond, explaining why it made the decision, and you will get a copy of the response. You can provide evidence to help the tribunal understand your condition or circumstances, including a report or care plan from a specialist, therapist or nurse, and a letter from someone who knows you. You can submit evidence online or by post, and you should send it as soon as you can so the tribunal has time to read it before the hearing.

What happens at the hearing

Your appeal is decided at a tribunal hearing, and the tribunal will tell you the time and location. It usually takes at least six months for an appeal to be heard. Your appeal might be delayed unless you send any evidence as soon as you can, arrive at the hearing on time if you are attending, and register your representative as soon as you can if you are using one. At the hearing, a judge and one or two experts will make the decision. Who the experts are depends on which benefit you are appealing. The judge and experts are impartial and independent of government, and the tribunal must follow the Tribunal Procedure Rules for the Social Entitlement Chamber.

If you attend, you will have the opportunity to explain your appeal, and you will be asked questions about your condition or circumstances by the judge and the experts. The department that made the original decision may also be at the hearing. It may ask questions, but it is not part of the tribunal and does not decide the result. You can get support during the hearing, for example an interpreter, a hearing loop or an accessible tribunal room, which you can request when you make your appeal. You cannot use your own interpreter during the hearing. You will get the decision by post after the hearing, and you may get a decision on the day if you go to the hearing.

You may be able to claim reasonable expenses for going to the tribunal. GOV.UK lists travel expenses to cover your fare on public transport, 45p per mile if you drive plus 5p per mile for up to two passengers, meals of £4.25 if you are away for more than five hours, £9.30 for more than ten hours or £13.55 for more than twelve hours, loss of earnings of £43.10 if you are away from work for up to four hours or £83.83 for four hours or more, and care expenses up to the National Minimum Wage, for example for a childminder. The clerk will help you fill in a claim form when you go to the hearing, and you will need bank account details and proof of the expenses, such as receipts or a letter from your employer for loss of earnings. Expenses are paid as soon as possible after the hearing. You can also get an audio recording of your hearing, free of charge, if it was in person or by phone or video, by applying within 18 months of your hearing date.

If you disagree with the tribunal's decision

If you are unhappy with the tribunal's decision, you may be able to get the decision cancelled, which is called having it set aside, or appeal to the Upper Tribunal, Administrative Appeals Chamber. Your decision letter will have more information. You will be told how to get a decision set aside if you think there has been a mistake in the process, and you can then start the appeal process again so a new decision can be made. Contact Citizens Advice if you need help with this.

You can only appeal to the Upper Tribunal if you think the decision was wrong for a legal reason, for example if the tribunal did not give proper reasons for its decision or back them up with facts, or did not apply the law properly. There are three steps. First, ask the Social Security and Child Support Tribunal for full written reasons, known as a statement of reasons, within one month of the date of the decision. Second, ask that tribunal for permission to appeal to the Upper Tribunal. Third, if it refuses, ask the Upper Tribunal itself for permission. You may be able to get legal aid when you appeal to the Upper Tribunal, which can help pay for legal advice.

The most important practical points are simple. Act within one month at each stage, keep every decision letter and every notice, send only evidence that answers the reason for the decision, and get free advice early if you are unsure. A wrong decision can be corrected, but only if you follow the process in order: mandatory reconsideration first, then the tribunal. If your benefit is administered by Social Security Scotland, a different process applies, so check the Scottish guidance for your benefit rather than following the DWP process in this guide.