How to request a Mandatory Reconsideration

Across all benefits, if you disagree with a decision, you usually need to ask the Jobcentre to look at the decision again by requesting a ‘mandatory reconsideration’ (MR). You need to do this within one calendar month of the date on the decision letter.

If you are outside the time limit, you can request a late MR and you can do so providing you are within 13 months of the original decision. If you still disagree with the MR decision, you can appeal on form SSCS1 online

HM Courts and Tribunals Service hold independent tribunal hearings for benefit claimants who disagree with decisions relating to their benefit entitlement.

It is no longer possible to appeal until you have asked for a mandatory reconsideration and received a decision notice.  There is one exception (see below) when you have failed the Work Capability Assessment for Employment and Support Allowance (ESA).

You ask for the reconsideration by phoning and/or writing to the address at the top of the decision letter and asking them to look at their decision again. You can also complete the Mandatory Reconsideration form CRMR1 online but you will need to print it and post it to the address on the decision letter (even if you make your request by phone, it is a very good idea to follow it up in writing).

Send a letter to ESA, Post Handling Site B, Wolverhampton WV99 2FS.

Remember to keep a copy. It is a very good idea to provide supporting evidence to support your request to have your claim looked at again.

When the Jobcentre have looked at the claim again and any additional evidence you have provided, they will send you a mandatory reconsideration decision notice. If you still disagree with this new decision, you can then appeal but you must appeal directly to the Tribunal Service.

You can do this either by:

There are details on the form about where to send it once you have filled it in. You must ensure that you send the Mandatory Reconsideration decision letter along with your completed appeal form.

ESA claimants turned down after a medical assessment

If your ESA is turned down following an ESA medical assessment where you did not score sufficient points to qualify, you can go straight to appeal without waiting for a mandatory reconsideration decision. This allows you to be paid ESA at the ‘appeal rate’ while you wait for your appeal hearing. 

Once you send in your completed appeal form, and the Jobcentre have been notified that it has been received by the Tribunals service, your ESA can be paid again at the basic rate. Providing you have a medical certificate covering you from the date of the original decision that stopped your benefit then once your appeal is accepted, the basic rate of benefit can be paid back to you from that date and there should be no gap in payments. You will stay on the basic rate of benefit until your tribunal hearing. Currently, in Brighton & Hove, it can take several months from the date the Tribunals Service receive an appeal to the date a tribunal hearing takes place.

Payment of the appeal rate of ESA is only possible if you are appealing a decision that you failed the assessment because you didn’t score enough points. 

If your ESA stopped because you failed to return the questionnaire or to attend the assessment, then your benefit will not be paid while you appeal the decision.  The best course of action is to request a mandatory reconsideration and try and show that you had good reason for the failure with evidence, if this takes a long time or you are turned down and have to appeal, you may want to consider claiming Universal Credit while you wait.  You cannot go back on to ESA once you have claimed Universal Credit but if you get the ESA decision changed, your Universal Credit may increase.

Claiming a different benefit while you wait

It can be very difficult to manage without benefit whilst waiting for the mandatory reconsideration and for the appeal to be accepted.

You may be advised to claim Universal Credit instead. You should get advice before claiming Universal Credit.

How long it takes

There is a normally a time limit of one further month from the date when the DWP sent you their mandatory reconsideration decision to appeal the DWP decision. If you don’t manage to appeal within month, you can still appeal if with good reason within 13 months of the date of the MR but remember to explain why you are late, along with the reasons why you disagree with the decision.

There is no time limit for the DWP to give you the result of their reconsideration. The government has said ‘there are no plans for a statutory timescale for the completion of the mandatory reconsideration process, although the department will monitor the process to avoid unnecessary delays.’

Contact our Welfare Rights Team

You can:

  • send an email to welfarerights@ brighton-hove.gov.uk 
  • write to Revenues and Benefits, Brighton & Hove City Council, 1st Floor Bartholomew House, Bartholomew, Square, Brighton, BN1 1JE
  • phone the advice Line: 01273 291 116 - open Monday, Tuesday, Wednesday, 10am to 1pm

Get more help or advice

Find a full list of advice services on our Benefits advice and training page.

HM Courts and Tribunals service, Social Security and Child Support Appeals

You can:

  • write to HMCTS Benefit Appeals, PO Box 12626,  Harlow CM20 9QF ,
  • phone 0300 303 5170

Citizens Advice - Brighton & Hove

You can:

  • go to the Citizens Advice Bureau website
  • visit the office at Hove Town Hall, Tisbury Road Offices, Hove Town Hall, Tisbury Road, Hove, BN3 3BQ
  • phone 0300 330 9033

Possability People (Brighton & Hove)

You can:

Brighton Unemployed Families Centre Project

Money Works

You can:

CASE Central

You can:

Advice Now 

Advice Now have step by step tools and guides to assist you to challenge a decision at mandatory reconsideration and appeal stage. 

If you have help you might be able to use the tools to put your case without further support or you may be able to start the process and ask for help later.