Challenge a benefit decision (mandatory reconsideration)

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Eligibility

If you disagree with a decision about benefits, tax credits or child maintenance you can ask for the decision to be looked at again - this is called ‘mandatory reconsideration’.

It’s free to ask for mandatory reconsideration.

This guide is also available in Welsh (Cymraeg) and easy read format.

You can ask for mandatory reconsideration if any of the following apply:

  • you think the office dealing with your claim has made an error or missed important evidence
  • you disagree with the reasons for the decision
  • you want to have the decision looked at again

Some decisions cannot be reconsidered. Others can go straight to an appeal. Your original decision letter will say if this applies to you.

You usually need to ask for mandatory reconsideration within one month of the date of the decision. You can ask for it after one month if you have a good reason, for example if you’ve been in hospital or had a bereavement.

Benefits this applies to

You can ask for mandatory reconsideration for benefits including:

  • Attendance Allowance
  • Bereavement Allowance
  • Carer’s Allowance
  • Carer’s Credit
  • child maintenance (sometimes known as ‘child support’)
  • Compensation Recovery Scheme (including NHS recovery claims)
  • Diffuse Mesotheliomia Payment Scheme
  • Disability Living Allowance (DLA)
  • Employment and Support Allowance (ESA)
  • Funeral Expenses Payment
  • Income Support
  • Industrial Injuries Disablement Benefit
  • Jobseeker’s Allowance (JSA)
  • Maternity Allowance
  • National Insurance credits
  • Pension Credit
  • Personal Independence Payment (PIP)
  • Sure Start Maternity Grant
  • Universal Credit (including advance payments)
  • Winter Fuel Payment

Challenge decisions about other benefits

There are different processes to challenge decisions about:

  1. Step 1 Check if you're eligible

    1. Check if you're eligible for ESA

    You might also be eligible for Universal Credit.

    1. Find out about Universal Credit
  2. and Start your claim

  3. Step 2 Attend the appointment with your work coach

    You'll agree what actions you need to take to get payments. This is called a 'Claimant Commitment'.

  4. Step 3 Get your first payment

    You’ll get a letter telling you if you’ll get New Style ESA and how much.

    1. How much you're paid
  5. and Give updates about your health and circumstances

    To keep getting New Style ESA you must send fit notes regularly and report any change in your circumstances.

    1. Send a fit note
    2. Report any change in your circumstances
  6. Step 4 Fill in and send the ESA50 form

    You'll get form ESA50 in the post within 4 weeks of your first payment. Return it within 28 days.

    1. Get help filling in ESA50 form
  7. Step 5 Attend a Work Capability Assessment

    You may need to go for a Work Capability Assessment. If you do, you'll get a letter telling you where to go and when.

    1. Prepare for your Work Capability Assessment
  8. Step 6 Get a decision about how much you'll get

    You'll get a letter with a decision. It will also tell you if you'll need to be assessed again.

    1. How much you can get
    2. You are currently viewing: Find out how to challenge the decision

    To keep getting the right amount you'll need to report any change in your circumstances.

    1. Report a change of circumstances
  9. Step 7 Check if your payments will stop or if you'll be reassessed

    You'll be told if your payments will stop and when.

    1. Get support from Jobcentre Plus when your payments stop

    If you'll need to be assessed again, you'll be sent an ESA50 form. This is normally within 3 years.