Challenging a decision

During your time claiming Universal Credit, it is possible that a decision will be made about your claim which leaves you feeling like you’ve not been treated fairly.

If this happens, it’s important that you first seek out independent advice from an organisation who deals with issues involving Universal Credit.  They will help you work out if you have grounds to make a complaint and/or challenge a decision.

In this section, we provide a glossary of the key organisations where you can get independent advice and representation. We also include a step-by-step guide for lodging complaints and challenging decisions.

‘I’ve appealed a few sanctions and got them dropped. Always try and appeal a sanction if you can’

Northern Ireland

England, Wales, Scotland

 The process of appeals and complaints

When can you lodge an appeal?

• If you are unhappy with a decision about your UC, there is an appeal process. You must first ask for a Mandatory Reconsideration (see more below). If you are still unhappy with the decision, you can then appeal to an independent tribunal

• If you are not able to appeal, you can consider making a complaint about the way your UC claim has been handled.

• You have a right of appeal to an independent tribunal against most UC entitlement decisions, including overpayment decisions (whether there has been an overpayment and the amount) and reductions for sanctions.

STEP 1:  Mandatory Reconsideration

• If you are not happy with an entitlement decision you can ask for the decision to be looked at again. This is called a Mandatory Reconsideration. For more information, see Who to contact if you disagree with a Universal Credit decision (NI) or Challenging a Universal Credit decision - mandatory reconsideration (GB).

• You should continue to receive payments of UC during the Mandatory Reconsideration, but you will not receive any of the elements that you are disputing, You will still receive the elements of your UC award that you are not disputing. So for example, if you are challenging a sanction of your ‘standard allowance’ you will still receive your child element and housing element.

• You should ask for a mandatory reconsideration within one month of the Department’s decision. This can be extended in some circumstances. For more information on these circumstances, contact the UC Service Centre (NI) or see Challenging a benefit decision (mandatory reconsideration) (GB).

• To request a Mandatory Reconsideration, use your online journal or speak to your work coach .

• If you are claiming in Northern Ireland, you can also call the Universal Credit Service Centre or write to ‘Freepost Universal Credit Northern Ireland’. For claims in England, Wales and Scotland, you can call the Universal Credit helpline, or write to the Department of Work and Pensions using this form: Challenge a decision made by the Department for Work and Pensions (DWP)

• It’s worth spending time preparing your Mandatory Reconsideration application. A well prepared application is more likely to lead to a positive outcome.

• You should provide any relevant evidence that you have to support your mandatory reconsideration such as payslips, tenancy agreement etc. An adviser from an advice agency may be able to give advice on the information and evidence that you should provide as part of your Mandatory Reconsideration.

• There is no set time limit for a response to your Mandatory Reconsideration. However, if you have not been contacted about your request, you should check it has been received and ask them to make a decision as soon as possible.

• If you have been sanctioned and are struggling to meet basic needs (such as rent, heating or food) you may be eligible for a hardship payment (for more information see Financial Hardship (NI) or Hardship Payments (GB)). You can apply through your work coach but certain conditions must be met. Please note that this is a loan so your UC payments will be lower until this loan is repaid.

• When a decision has been made you will receive a Mandatory Reconsideration Notice. This will tell you if the decision has been changed. It will also tell you how to appeal if you are not happy with the decision.

STEP 2: Appealing a UC decision

If you have received a Mandatory Reconsideration Notice and you are still unhappy with the decision, you can appeal to an Independent Tribunal.

There are strict time limits for appealing a decision. An application for appeal must be made within one month of the date on your Mandatory Reconsideration Notice. This time limit can be extended in certain circumstances (for more information, see Appeal a benefits decision (NI) or Challenging a benefit decision (GB). There is a space on the appeal form where you can explain why your application is late.

What to do next:

• Download an Appeal Form NOA1 (NI) or use the online form (GB).

• Alternatively you can contact the Appeals Service (NI) to request a form is posted out to you. You can also write to the Appeals Service providing reasons for the appeal, your details, your signature, and a copy of the Mandatory Reconsideration Notice.

• You must send a copy of the Mandatory Reconsideration Notice with your appeal request. If not, the appeal may be ‘struck out’ (that is, it will not be considered).

• The Appeals Service will check it has all the information it needs and will contact you if information is missing. Make sure you respond to any requests to make sure the appeal can take place.

• If you have sent all the required information, the Appeals Service will write to you to confirm that your appeal has been received and to let you know what to do next. They will also write to the Department that made the decision you are appealing and ask them to prepare a written response for the tribunal. You will be sent a copy of this response along with an information leaflet on what to do next.

• Benefit appeal hearings are held by an independent tribunal. It is strongly advised that you bring an informed representative with you (for example, a tribunal representative from an independent advice agency).

Making a complaint about your Universal Credit claim

• If you are not able to challenge the decision by asking for a Mandatory Reconsideration or an appeal, you may want to consider making a complaint if you are unhappy with how your UC claim has been handled.

• You should first contact the office dealing with your claim. If this does not resolve the issue, Northern Ireland’s Department for Communities have a complaint procedure that you can follow

• If you are claiming in England, Wales and Scotland, there is a complaint procedure that can be followed here: Make a complaint about JSA or UC - DWP

• If your complaint is about how your medical assessment was conducted, you should contact the service that provided your medical assessment directly (for example, Atos or Capita).