If you think a Department for Work and Pensions (DWP) benefit decision is wrong, you may be able to:

• Ask for an explanation
• Have the decision looked at again
• Appeal against the decision.

This guide takes you through these options.

There are separate guides for:

• Challenging a Budgeting Loan decision
• Challenging an Employment and Support Allowance (ESA) decision
• Challenging a Personal Independence Payment (PIP) decision
• Challenging a Universal Credit (UC) decision
• Challenging a Council Tax Reduction decision
• Challenging a Tax Credits decision
• Challenging a Child Benefit decision
• Challenging a Housing Benefit decision

Applies to: England, Northern Ireland, Scotland and Wales

Advice: If you need advice about a benefits or tax credits decision, you should contact a benefits adviser. You can use our Find an Adviser tool to find a local one.

Reviewed: April 2022

You don’t have to ask for an explanation of the decision. However, you may want to ask for this if you are unsure whether the decision is right or if you want more information to help you challenge the decision.

Action

Contact the benefit office using the contact details on your decision letter and ask for a written explanation for the decision.

You should also tell them why you think the decision is wrong as they may be able to change it without needing to go any further.
 
If your first language isn't English, the benefit office should provide an interpreter to explain the decision.

Tip

If you telephone the benefit office, make a note of:

• The date and time you call

• Who you speak to

• What is said.

This may come in useful if you want to try to get the decision changed.

Time limits

You should ask for an explanation of the decision as soon as possible, as there are strict time limits if you want to go on to challenge the decision.
 
If you request a written explanation of the reasons for the decision within one month of the date on the decision letter, the time limit to challenge the decision will be extended.

The new limit will be:

• One month and 14 days from the decision date (if the written reasons are provided within one month of the decision date); otherwise

• 14 days from the date the written reasons are provided. This only applies if the reasons were not provided in the decision letter you received. If you are not sure, it's best to stick to the usual time limits.

Possible outcomes

An explanation will usually be provided by telephone but must be in writing if you requested a written explanation.

If you ask for a written explanation for the decision, you will usually receive this within 14 days.

After hearing or receiving the explanation, you may agree with the decision or you may think the decision is wrong.

If you think the decision is wrong, for example, because it was based on information that was wrong or they did not have all the information, you should tell them. They may be able to change the decision and send you a new decision letter without you needing to go any further, or they can explain what you can do next.

If you still think the decision is wrong

If you still think the decision is wrong, you can ask for it to be looked at again. You have to do this before you can appeal it to an independent tribunal.
 

Reviewed: April 2022

You should ask the benefit office to look at the decision again if you think the decision is wrong.

This is known as a ‘mandatory reconsideration’ of the decision.
 

Action

Write to the benefit office using the contact details on your decision letter and request a mandatory reconsideration of the decision. You can use the Mandatory Reconsideration Request form to request a mandatory reconsideration or write a letter.
 
Explain in detail why you think the decision is wrong including any relevant dates.
 
You should send your mandatory reconsideration letter by recorded delivery so there is a record of when it was sent and also keep a copy of the letter.
 
A different decision maker will look at the decision and decide whether it should be changed.

If you are asked for more information or evidence, you should provide this as soon as possible and let them know if there will be a delay.
 

Time limits

You have one month from the date on the decision letter to ask for the mandatory reconsideration.

You may get longer if you ask for an explanation of the decision to be sent to you.

If you missed the deadline for reasons out of your control, such as illness or bereavement, you may still be able to have your decision looked at again.

When you contact the benefit office, you should explain why you missed the deadline.
 

Possible outcomes

When the decision has been looked at again you will be sent a mandatory reconsideration notice containing the new decision from the DWP.

If they decide the decision is wrong they will change it.

If they decide that they can’t change the decision they will write to you to confirm this and tell you if you have a right to appeal.

Keep the mandatory reconsideration notice safe, you will need it if you want to appeal against this decision.
 

If you still think the decision is wrong:

You may be able to appeal against the decision. Find out more on the next page.

Reviewed April 2022

An appeal is a way of telling the benefit office that you think a decision is wrong.

When you appeal a decision, it will be looked at by an independent tribunal, which is completely separate from the benefit office. You must ask for a mandatory reconsideration of the decision before you can make an appeal.  We have more information on mandatory reconsideration on the 'Have the decision looked at' page of this guide.

How do I appeal?

You must make your appeal in writing.

You must have asked for the decision to be looked at again and received the mandatory reconsideration notice first.

If you appeal on the official appeal form, this can help you to give all the information that is needed.

These leaflets tell you how to start your appeal:

• England, Scotland, Wales: ‘How to appeal against a decision made by the Department for Work and Pensions' 

• Northern Ireland: Guidance for completing your appeal form: Northern Ireland

Download a copy of the appeal form:

• England, Scotland, and Wales: Appeal Form SSC1
• Northern Ireland: Appeal form NOA1(SS) 

Pick up a copy of the appeal form from your local Jobcentre or Write to HM Courts and Tribunals Service (see address below). 

If you can't get hold of the official appeal form, make sure you include the following details in your letter:

• Your name and contact address

• Your National Insurance number

• A copy of the mandatory reconsideration notice

• Why you think the decision is wrong

• Your signature.

If you don't include all these details your appeal form may have to be returned to you.

If you have lost the mandatory reconsideration notice you can ask for a copy to be sent to you, you will have to do this before you can appeal. If this causes a delay in sending in your appeal request, you will need to explain the reasons for the delay - see information about late appeals below.

Send your appeal to:

England and Wales: HMCTS Benefit Appeals, PO Box 12626, Harlow, CM20 9QF

Scotland: HMCTS SSCS Appeals Centre, PO Box 13150, Harlow, CM20 9TT

Northern Ireland: The Appeals Service, PO Box 2202, Belfast, BT1 9YJ

Time limit

You have one calendar month from the date on the mandatory reconsideration notice to make your appeal.

Late appeal

If you missed the appeal deadline for reasons out of your control, such as illness or bereavement, you may be given more time to appeal.

There is a section on the appeal form where you can give your reasons for it being late.

If the benefit office doesn’t think you have a good reason for appealing late, they will pass your request to the Tribunal Service who will decide if your appeal can be accepted or if it is too late to be heard.

An appeal can’t be accepted if it is over one year and 30 days since the date of the decision.

Possible outcomes

Look again at the decision

If they haven’t already, a different decision maker will look at the decision and decide whether it should be changed.

If they decide that they can’t change the original decision, your appeal will carry on.

If they decide that the original decision is wrong, they will change the decision and send you a new decision letter:

If the new decision makes you better off your appeal will stop. You can appeal this new decision if you think it is wrong

If the new decision does not make you better off, your appeal will carry on, but now it will be against the new decision.

Send appeal on to Tribunal Service.

If your appeal carries on, your appeal form will be sent to HM Courts and Tribunals Service, who run the First Tier Tribunal. The benefit office will also include their response.

This explains:

• How they came to their decision

• What information they used

• What benefit law they based their decision on.

The First Tier Tribunal

The First Tier Tribunal will decide if you are legally entitled to a benefit and can change a decision if they think it is wrong.

The tribunal could make a decision that leaves you worse off so it is often best to seek advice before deciding whether to appeal.

The tribunal cannot:

• Change the law

• Deal with administrative complaints, like delay or poor service (see Complaints about your claim)

• Consider changes of circumstances which have taken place since the decision was made - you may be able to make a new benefit or tax credit claim.

For information about what happens when your appeal is received by the Tribunal Service (England, Scotland and Wales), or Appeals Service (Northern Ireland), see Turn2us information on First Tier Tribunal Appeals.

Updated: April 2022