Challenging universal credit decisions
How to challenge a universal credit decision.
If a claimant wants to challenge a decision made on her/his universal credit claim, s/he must first request that the Department of Work and Pensions (DWP) reconsider its decision – this is known as mandatory reconsideration. It is only after this stage that a claimant can appeal.
Notification of decision
A decision letter on a claim for universal credit must inform a claimant that:[1]
s/he has a right of appeal, but only after the mandatory reconsideration stage
s/he has the right to request a written statement of reasons for the decision, if this has not been provided, and
the time limits that apply.
Certain decisions do not carry the right to request a mandatory reconsideration or an appeal – these are mostly decisions concerning the administration of universal credit such as how frequently a claimant should be paid.[2]
Asking for a reconsideration
The first step in challenging a universal credit decision is for a claimant to request that the DWP revise it. This is known as mandatory reconsideration, because it is a compulsory step before a claimant can appeal to the First-tier tribunal. An application may be made in writing, in person or by phone. There is no application form for a mandatory reconsideration.
The DWP may treat a request for an appeal as a request for the decision to be revised.[3]
Time limits for requesting mandatory reconsideration
Dispute period
A claimant must request a revision of a decision within the 'dispute period'. The dispute period starts on the day after the date on the decision letter and ends one calendar month later. If a claimant has requested a written statement of reasons – where these have not been provided – within one month of the decision, the dispute period will be extended by an additional 14 days.[4]
Out of time requests for a reconsideration
The time limit to request a revision of a decision can be extended up to 13 months where:[5]
a claimant has requested an extension of time
a claimant explains why s/he was unable to comply with the one month time limit
the DWP thinks this it is reasonable, or special circumstances apply.
'Any time' revisions
Some decisions are not subject to any time limit for revision and can be requested at any time. The main grounds for an 'any time' revision include:[6]
an official error
a mistake about or ignorance of facts (but only where a claimant has been overpaid as a result)
another benefit has been awarded which affects the original claim.
Refusal to allow out of time request
If the DWP refuses to revise a decision because a claimant is out of time, there is no right to appeal to the First-tier tribunal because the mandatory reconsideration step is mandatory. A claimant could ask for a judicial review of the DWP's refusal to reconsider but this is subject to the particular rules on judicial review.
See the pages on Judicial review for more information.
Time limit for the mandatory reconsideration of decisions by DWP
There is no time limit for the DWP to complete its reconsideration of a decision. The Government says the time will 'vary depending on the circumstances of the case'.[7]
Mandatory reconsideration notice
If the DWP upholds its original decision it will send a claimant a 'mandatory reconsideration notice'. The notice must set out the DWP's reasons for its decision and inform a claimant of her/his right to appeal. If no reasons have been provided a claimant can request a written statement of reasons within one month.[8]
Appealing to the First-tier tribunal
If the DWP upholds its original decision, a claimant can then appeal to the First-tier tribunal by sending a notice of appeal form SSCS1 direct to HM Courts & Tribunals Service (HMCTS), together with the mandatory reconsideration notice. This is called a direct lodgement of appeal.
Time limit for lodging an appeal
A claimant must lodge an appeal within one calendar month of being sent the mandatory reconsideration notice; an additional 14 days is allowed if a written statement of reasons was not provided and a claimant has requested one.[9]
Who can appeal
As well as a claimant, the First-tier tribunal can also accept an appeal from:[10]
an appointee when a claimant has died subsequent to her/his claim
an appointee when a claimant is unable to act on her/his own behalf
anyone, including the landlord, from whom the the authority decides to recover an overpayment.
Late appeals
Where an appeal is made to the First-tier tribunal outside the one month time limit, a claimant must include a request for an extension of time and the reason why it is late. A late appeal will normally be treated by the Tribunal as having been made in time if neither the DWP nor any other respondent objects.[11] The Tribunal has the power to accept appeals up to 13 months after the date of the mandatory reconsideration notice.
For more information on the First-tier tribunal hearing, see Appealing housing benefit decisions.
Last updated: 18 December 2020