If you’re unhappy with a decision about your benefits or tax credits by the Department for Work and Pensions (DWP) 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 decision on the GOV.UK website 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 form, on the GOV.UK website
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
- completing form WTC/AP (or using the online service) – for a tax credits decision.
Download form CH224A from the GOV.UK website
Download form WTC/AP or use the online service on the GOV.UK website
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.
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 the GOV.UK website
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.
How to challenge a decision by your local authority
Do you want to challenge a decision by your council about your Housing Benefit or Council Tax Reduction? Then you need to contact your council to question its decision and follow its appeals procedure.
