How to Challenge a Benefit Decision: Mandatory Reconsideration and Appeal

If you disagree with a decision about PIP, Universal Credit, Attendance Allowance or Carer's Allowance, you must normally ask for a mandatory reconsideration within one month before you can appeal to an independent tribunal, and Scotland runs its own version of both steps with different time limits.

The two step process in Great Britain and Northern Ireland

For PIP, Attendance Allowance, Carer's Allowance and Universal Credit, the decision maker's benefits list on gov.uk names all four explicitly, and each uses the same mechanism. First, you ask the office that made the decision to look at it again, called a mandatory reconsideration. You usually need to do this within one month of the date of the decision, though you can ask after one month if you have a good reason (gov.uk: mandatory reconsideration).

If the mandatory reconsideration does not change the outcome, you can appeal. Appeals for these benefits are decided by the First-tier Tribunal (Social Security and Child Support), supported by HM Courts and Tribunals Service. You appeal within one month of getting your mandatory reconsideration decision, either online, using the government's appeal service, or by post using form SSCS1. You can appoint a representative to help with the appeal, including a friend or family member, and the tribunal is independent of the Department for Work and Pensions: it will listen to both sides before making its own decision (gov.uk: appeal a benefit decision; submit your appeal).

What if you are late

If you ask for a mandatory reconsideration after the one month deadline, you need a good reason for the delay. Late appeals work the same way in principle: if you start your appeal after a month, you have to explain why you did not do it earlier, and the tribunal might not accept it. In Great Britain there is an outer limit: a late mandatory reconsideration request must usually be made within 13 months of the date you were notified of the decision and needs special circumstances, and the tribunal cannot extend the time for an appeal by more than 12 months (legislation.gov.uk: SI 2013/381 regulation 6; SI 1999/991 regulation 4; Tribunal Procedure Rules 2008, rule 22), so if you are close to or past a deadline, submit your explanation with the request as soon as you can. Even past that limit, a decision that arose from an official error by the department can be revised at any time (legislation.gov.uk: SI 2013/381 regulations 8 and 9; SI 1999/991 regulation 3), so get free advice before assuming a challenge is closed.

Universal Credit decisions use the same route

Universal Credit decisions use the same route: mandatory reconsideration within one month of the decision, then appeal to the First-tier Tribunal (Social Security and Child Support) within one month of the mandatory reconsideration decision. Decisions about Universal Credit advance payments can be reconsidered but, with narrow exceptions, cannot be appealed to the tribunal (legislation.gov.uk: SI 2013/381, Schedule 3, paragraph 14). No Universal Credit specific variation on either time limit is stated on these general pages.

Scotland: a redetermination, then an appeal, with different time limits

Social Security Scotland uses different names for both steps. Instead of a mandatory reconsideration, you ask for a redetermination. For most Social Security Scotland benefits, you have 31 calendar days to do this, but Adult Disability Payment, Carer Support Payment, Child Disability Payment, Child Winter Heating Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance are the stated exceptions: for these, you get 42 calendar days, or 6 weeks. If you disagree with the redetermination, you have a right to appeal to the First-tier Tribunal for Scotland, and you have 31 calendar days from getting Social Security Scotland's redetermination letter to request that appeal (mygov.scot: how to challenge a decision). A late redetermination request or appeal can be accepted only with a good reason and no more than one year after the relevant letter, and you can appeal directly if Social Security Scotland misses its own deadline to decide a redetermination.

That covers Scotland's equivalents of three of the four benefits on this page: Adult Disability Payment (PIP), Pension Age Disability Payment (Attendance Allowance) and Carer Support Payment (Carer's Allowance). Universal Credit itself is not devolved to Scotland; Scottish claimants challenge a Universal Credit decision through the same Great Britain mandatory reconsideration and tribunal route described above, since Universal Credit continues to be run by the Department for Work and Pensions across Great Britain.

Northern Ireland: the Appeals Service

Northern Ireland also runs a mandatory reconsideration first, which you should ask for within one month of the date of the decision letter (nidirect: mandatory reconsideration guidance notes, MR2(NI)). If you still disagree, your appeal goes to the Appeals Service, which provides administrative support to the independent tribunals that hear appeals against decisions made by the Department for Communities and several other bodies. Your appeal must be received by the Appeals Service within one month of the date of the mandatory reconsideration notice. You can complete an appeal online, download and complete form NOA1(SS), request a paper copy from the Appeals Service, or simply write a letter instead of using a form. If your appeal is late, you must explain why; there is space on the form to do this (nidirect: appeal a benefits decision). Northern Ireland's own regulations also set an outer limit on late requests: for PIP and Universal Credit, a late mandatory reconsideration request must be made within 12 months of the normal one month deadline and needs special circumstances (legislation.gov.uk: SR 2016/221 regulation 6), so do not wait if you are already late.

Is challenging a benefit decision a regulated activity

No, not for PIP, Universal Credit, Attendance Allowance or Carer's Allowance. In Great Britain, under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, as amended, advice, investigation or representation only becomes a regulated claims management activity when it relates to a narrowly defined "specified benefit": industrial injuries benefit and a small number of related industrial compensation schemes (legislation.gov.uk: Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018, article 7). None of the four benefits on this page falls within that definition. General information, eligibility explainers, and lay representation at the tribunal for these benefits are not FCA regulated claims management activity, and are consistent with gov.uk's own statement that anyone, including a friend or family member, can act as your representative at an appeal.

Getting free help

Citizens Advice, Advicenow, Carers UK, Age UK and, in Scotland, CAB Scotland and Advocacy.scot, can all help you prepare a mandatory reconsideration request or an appeal, free of charge. A friend or family member can also represent you at the tribunal hearing. None of these routes, and this page, can tell you in advance whether your own case will succeed. For the benefits this process applies to, see the UK benefits hub.

Frequently Asked Questions

How long do I have to ask for a mandatory reconsideration?

Usually one month from the date of the decision. You can ask after one month if you have a good reason for the delay, but the further out you are, the more you need to explain.

How long do I have to appeal after a mandatory reconsideration?

One month from the date of the mandatory reconsideration decision, for PIP, Attendance Allowance, Carer's Allowance and Universal Credit in Great Britain and Northern Ireland. Appeals go to the First-tier Tribunal (Social Security and Child Support).

What happens if I miss the deadline to challenge a decision?

You will need to explain why the request or appeal is late. In Great Britain there is an outer limit: a late mandatory reconsideration request must usually be made within 13 months of the date you were notified of the decision, and the tribunal cannot extend the time for an appeal by more than 12 months. Northern Ireland sets a similar outer limit for late PIP and Universal Credit mandatory reconsideration requests: 12 months after the normal one month deadline. A late request might not be accepted, so include your explanation and act as soon as you can.

Is the process different in Scotland?

Yes. Social Security Scotland calls the first step a redetermination rather than a mandatory reconsideration. For Adult Disability Payment, Carer Support Payment and Pension Age Disability Payment, you get 42 calendar days to ask for a redetermination, then 31 calendar days to appeal to the First-tier Tribunal for Scotland after getting the redetermination letter.

How do I appeal a benefit decision in Northern Ireland?

After a mandatory reconsideration, your appeal goes to the Appeals Service rather than HM Courts and Tribunals Service. Submit it online, using form NOA1(SS), or by letter, within one month of the date of the mandatory reconsideration notice.

Can someone else represent me at a benefits appeal?

Yes. Anyone can act as your representative, including a friend or family member, and gov.uk confirms this directly. Representing someone at a tribunal for PIP, Universal Credit, Attendance Allowance or Carer's Allowance is not a regulated claims management activity.