Most decisions about benefits such as Personal Independence Payment, Employment and Support Allowance, Universal Credit, Disability Living Allowance and Carer’s Allowance can be challenged first through mandatory reconsideration and, if that fails, through an appeal to an independent tribunal. This guide covers Great Britain; Northern Ireland has its own social security appeals system operated separately from HM Courts and Tribunals Service.
Step one: mandatory reconsideration
Mandatory reconsideration is a free request for the decision-making office to look again at its own decision. GOV.UK says it can be used where someone thinks the office dealing with the claim made an error, missed important evidence, or where the person simply disagrees with the reasons given for the decision. For most of the roughly twenty benefits this process covers, including PIP, ESA, Universal Credit, DLA and Carer’s Allowance, mandatory reconsideration has to happen before an appeal can be lodged; a small number of benefits, including Housing Benefit, Child Benefit and Guardian’s Allowance, use different challenge routes instead of this process.
The time limit for requesting it
GOV.UK says a mandatory reconsideration request usually has to be made within one month of the date of the decision being challenged. A request made after that month can still be considered where there is a good reason for the delay, and GOV.UK gives examples such as having been in hospital or dealing with a bereavement, though a late request is not guaranteed to be accepted and the reason for the delay needs to be explained.
What happens after the request
The office reconsiders the original decision and issues a mandatory reconsideration notice, which either changes the decision or confirms it. This notice is important because it is what unlocks the right to appeal: for most of the covered benefits, an appeal to the tribunal cannot be lodged until this notice has been received, and the notice itself will normally confirm whether the case is one where mandatory reconsideration was required first.
Step two: appealing to the tribunal
If the mandatory reconsideration outcome is still disputed, the next step is an appeal to the Social Security and Child Support Tribunal, part of the First-tier Tribunal and administered by HM Courts and Tribunals Service. GOV.UK describes the tribunal as impartial and independent of government, meaning it is a separate body from the department that made the original decision, not a further internal review by the same organisation. The appeal itself is free to bring.
The appeal time limit
GOV.UK says an appeal must be brought within one month of receiving the mandatory reconsideration notice. If the appeal is started after that month, the appellant has to explain why it was not done earlier, and GOV.UK is explicit that a late appeal might not be accepted, so the explanation for lateness needs to be a genuine and specific reason rather than a general statement. Once lodged, an appeal can be managed online, including providing evidence to the tribunal ahead of any hearing.
What happens at a hearing
GOV.UK describes the tribunal as listening to both sides before making its decision, which can involve a paper-based hearing decided on the documents alone or an oral hearing where the appellant attends, depending on how the case has been listed and any preference expressed when appealing. The tribunal is not bound to reach the same conclusion as the original decision maker or the mandatory reconsideration outcome, and can uphold, change or overturn the original decision based on the evidence in front of it.
If the tribunal decision is still disputed
GOV.UK says an appellant who remains unhappy after a tribunal decision has two possible further steps: applying to have the tribunal’s own decision set aside, meaning cancelled, typically where there was a procedural error, or appealing to the Upper Tribunal, but only on a point of law rather than simply disagreeing with the outcome. Legal aid may be available for advice at this stage in some circumstances. Because an Upper Tribunal appeal has to identify a specific legal error rather than reargue the facts, advice at this stage is generally more specialised than at the First-tier Tribunal.
Getting help
GOV.UK points to free sources of advice throughout the process, including Citizens Advice, Advicenow, and local advisers found through Advicelocal, all of which can help with both the mandatory reconsideration request and the tribunal appeal itself, including gathering the evidence a tribunal is likely to want to see.
FAQs
Can someone appeal to the tribunal without asking for mandatory reconsideration first?
For most of the benefits covered by this process, no; the decision letter will confirm whether mandatory reconsideration is required before an appeal can be lodged.
How long is there to request mandatory reconsideration?
Usually one month from the date of the decision, with a late request possible where there is a good reason, such as hospitalisation or bereavement.
How long is there to appeal to the tribunal after mandatory reconsideration?
One month from receiving the mandatory reconsideration notice; a late appeal requires an explanation and might not be accepted.
Does an appeal to the tribunal cost anything?
No. GOV.UK describes the tribunal appeal as free to bring.
Bottom line
In Great Britain, most benefit decisions are challenged in two stages: a free mandatory reconsideration request within one month of the decision, followed, if necessary, by a free appeal to the independent Social Security and Child Support Tribunal within one month of the mandatory reconsideration notice. Both time limits are strict but can be extended for a good reason. This article is general information, not advice on a specific claim; Citizens Advice or a welfare rights adviser can help prepare a mandatory reconsideration request or tribunal appeal.