If you’re unhappy with a decision about your benefits by the Department for Work and Pensions (DWP), Social Security Scotland or HMRC, it’s important to follow the right process. Here’s a summary of what you need to do and when.
Ask for a mandatory reconsideration
Important
Make sure you read about how to disagree with a decisionOpens in a new window on GOV.UK before asking for a mandatory reconsideration.
If you disagree with a benefits decision by the DWP or HMRC, you can ask for it to be looked at again.
This is called a mandatory reconsideration. It means another person will look at the decision and see if it can be changed.
You must go through this stage before you can appeal.
Usually, you have to ask for the mandatory reconsideration within one month of the date on your decision letter. Or the message in your online account if you’re claiming Universal Credit.
If you miss the deadline, the department making the decision doesn’t have to accept your request unless you had a very good reason. For example, you were in hospital, or a close relative died.
How to ask DWP for a mandatory reconsideration
You can ask the DWP for a mandatory reconsideration by:
- phone, using the number on the decision letter
- writing a letter
- completing online form CRMR1
- writing a message in your Universal Credit online account.
Explain why you think their decision is wrong. And send copies of any more evidence you’ve got if you think it will help your case.
Find out more about how to disagree with a decision, and to download the CRMR1 formOpens in a new window on GOV.UK
How to ask HMRC for a mandatory reconsideration
You ask HMRC for a mandatory reconsideration by:
- phone, using the number on the decision letter
- writing a letter
- completing form CH24A – for a Child Benefit or Guardian’s Allowance decision.
Reconsider a Child Benefit or Guardian's Allowance decision download form CH224AOpens in a new window on GOV.UK
When the decision has been reconsidered
When the DWP or HMRC has looked at your decision again, they’ll send you two copies of a document called a mandatory reconsideration notice. This will let you know the result of the reconsideration.
Find out more about asking for a mandatory reconsiderationOpens in a new window on Citizens Advice
How to appeal
You can only appeal against a benefits decision when you’ve had a mandatory reconsideration notice.
You must appeal within one month of the date on your mandatory reconsideration notice.
Appealing against a DWP decision
To appeal, you need to send the following to HM Courts & Tribunals Service (the address is on the form):
- a copy of the mandatory reconsideration notice
- form SSCS5 – download it from GOV.UK websiteOpens in a new window
Find out more about appealing following a reconsiderationOpens in a new window on Citizens Advice
How to appeal in Scotland
If you disagree with a benefits decision made by Social Security Scotland you can ask for a redetermination or you can appeal.
A redetermination is stage one and will involve Social Security Scotland looking at your entire benefits application as if it was new.
An appeal is stage two if you’re unhappy with the outcome of your redetermination.
Get help making a redetermination on the Citizens Advice Scotland websiteOpens in a new window and find out more about what benefits you can appeal on mygov.scotOpens in a new window
Get expert help and advice
If you’re going ahead with an appeal, it’s a good idea to get some expert help, for example, from Citizens Advice or your local Law Centre.
Find out more in our guide Where can I get help and advice about benefits?
How to challenge a decision by your local authority
Do you want to challenge a decision by your council about your Council Tax Reduction? Then you need to contact your council to question its decision and follow its appeals procedure.
If you disagree with your local authority’s decision not to pay for your care, or don’t think they’ve offered enough support to meet your needs, read our guide How to make a complaint if you have problems paying for your care.
