If you want to challenge a decision about one of the following benefits / tax credits, please contact us directly as there is a different process to follow:
- Housing Benefit
- Council Tax Reduction/Support
- Statutory Sick Pay
- Statutory Maternity Pay
- Statutory Adoption Pay
- Child Tax Credit
- Working Tax Credit
Mandatory reconsideration before appeal
For most benefit decisions, you need to ask the DWP or HMRC to look at their decision again. This is called a 'mandatory reconsideration'. You normally have to ask for a mandatory reconsideration, and get a response letter, before you can appeal to a tribunal.
Employment Support Allowance 'ESA'
Sometimes you can appeal a decision without having to ask for a mandatory reconsideration. Please contact us for more information if you want to challenge an ESA decision.
Mandatory reconsideration process
You can:
- ask for a mandatory reconsideration within one month of the decision
- explain why you disagree with the decision and give reasons
- you can make a mandatory reconsideration request by phone, but it's best to follow this up in writing and keep a copy of the letter - this way you will have a record of why you disagree with the decision and can prove you asked for it to be looked at again
There is no time limit for the decision maker to carry out mandatory reconsideration, but the DWP/HMRC will try to keep delays to a minimum.
You may wish to ask for copies of the evidence the DWP or HMRC used in making their decision. You can look through this to see if you disagree with any of the details given or the way in which facts have been interpreted.
If you have any further evidence that will help the DWP think again, send it to them as soon as possible.
Another decision maker will look at the decision, and they may contact you to discuss your case and to request more information.
A mandatory reconsideration notice will be sent to you once your case has been reconsidered. It is very important that you keep this notice. You will need it if you want to appeal.
DWP decisions
For Universal Credit, request a mandatory reconsideration using your UC Journal if possible. If you cannot do this, you can request a mandatory reconsideration by phone or send a letter to:
UCFS Post Canterbury BC
Nutwood House
Chaucer Road
Canterbury
Kent
CT1 1ZZ
You can use the CRMR1 mandatory reconsideration request form if you are challenging a DWP decision.
HMRC decisions
If you are challenging a decision about Child Benefit or Guardian's Allowance decision, use form CH24A.
Please contact us for help with challenging a tax credits decision.
You can also make a mandatory reconsideration request by phone but we recommend that you follow this up in writing.
Time limit for reconsideration
You must make your request for reconsideration within one calendar month of the decision that you are disputing.
It is possible to seek a late reconsideration, but you will need to show why your request is late. If the DWP or HMRC refuses to carry out the reconsideration because you are late, seek advice.
Appeal process
After you ask for a mandatory reconsideration, you will be sent a mandatory reconsideration notice.
If you are not satisfied after mandatory reconsideration, you can appeal to an independent tribunal.
We can represent Derbyshire residents at appeal hearings and support with your appeal. If you want us to represent you, please get in contact with us as soon as you receive your mandatory reconsideration notice, tel: 01629 531535. We can help you fill out an appeal form.
HMRC benefits
Use form SSCS5 to appeal from the gov.uk website.
View guidance notes for filling out form SSCS5.
DWP benefits
You can appeal online via the gov.uk website at appeal a benefit decision.
We strongly recommend appealing online, as you will receive an acknowledgement email confirming that your appeal has been registered. You can also track the progress of your appeal online.
If you cannot appeal online, you can use form SSCS1. View the guidance notes for filling out for SSCS1.
Depending on which form you use, you will be asked whether you want to 'participate in' or 'attend' your hearing. Please tick 'yes' - there is a much lower chance of your appeal being successful if a tribunal panel make a decision without speaking to you.
If you cannot attend a face-to-face hearing, there is the option for a tribunal to speak you by phone or via video link.
Time limit for appeal
You must appeal within one month from the date the mandatory reconsideration notice was sent to you.
HM Courts and Tribunal Service (HMCTS) will contact the DWP / HMRC about the appeal, and they should reply to HMCTS within 28 days.
The DWP / HMRC should then acknowledge your appeal and look at their decision again. If they cannot change it in your favour, they will pass it on to HMCTS who will then manage the case until it can be heard by an independent tribunal.
It is possible to request a 'late appeal' if you have good reasons for this. Seek advice if making a late appeal.
Help from us
If you would like help with challenging a decision, please contact us:
We can help you through the process and we can act as your representatives, which can include going with you to a tribunal hearing.
Please seek help as soon as possible. We need as much notice as possible that you would like help with an appeal. We cannot attend at short notice.