Your Benefits Have Been Stopped
If the DWP or local authority has stopped or reduced your benefits, you have the right to challenge the decision through mandatory reconsideration and then appeal to an independent tribunal.
Quick Answer
Ask for written reasons for the decision immediately. You must request a Mandatory Reconsideration (MR) within 1 month of the decision. If the MR is unsuccessful, you can appeal to the Social Security and Child Support (SSCS) First-tier Tribunal within 1 month of receiving the MR notice. You cannot appeal directly to the tribunal without completing the MR stage first.
Full Explanation
The Social Security Act 1998 and the Tribunals, Courts and Enforcement Act 2007 create the framework for challenging benefit decisions. The system applies to Universal Credit, Employment and Support Allowance, Personal Independence Payment, Child Benefit, and most other DWP-administered benefits.
The first step is always to request a Mandatory Reconsideration (MR). This must be done within 1 month of the date on the decision letter (though the DWP has discretion to accept late requests in certain circumstances). A different DWP decision-maker reviews the original decision. In practice, MR upholds the original decision in the majority of cases — this should not deter you from proceeding to tribunal.
If the MR decision is unfavourable, you may appeal to the Social Security and Child Support First-tier Tribunal (part of HMCTS). The appeal must be submitted within 1 month of the date of the MR notice using Form SSCS1 (or online via the MyHMCTS service). An appeals service known as 'Tribunals Service' manages these hearings. The tribunal is independent of the DWP.
Tribunal hearings are relatively informal. You (and any representative) appear before a panel (for most benefit appeals, a legally qualified judge sitting alone, or with a medical or disability member for PIP/ESA). You are entitled to present evidence, call witnesses, and challenge the DWP's evidence. New evidence not considered by the DWP can be admitted. Tribunal success rates are significantly higher than MR success rates — in PIP appeals, claimants succeed at tribunal in around 70% of contested cases.
For Universal Credit, much communication happens through the online journal. If your UC payment is reduced or stopped, check the journal for the 'decision notice' and respond through the journal to request the MR. Citizens Advice and welfare rights services offer free advice and representation at tribunal.
Legal Basis
- §Social Security Act 1998 — framework for mandatory reconsideration and appeal rights
- §Tribunals, Courts and Enforcement Act 2007 — establishes the First-tier Tribunal (Social Entitlement Chamber)
- §Social Security and Child Support (Decisions and Appeals) Regulations 1999 — procedural rules
- §Universal Credit Regulations 2013 — UC decision-making framework
What To Do
Request a Written Explanation of the Decision
Contact the DWP (or relevant authority) in writing or via your UC journal requesting full reasons for the decision and a copy of all evidence relied upon. This is your starting point before drafting your MR request.
Request Mandatory Reconsideration Within 1 Month
Write to the DWP (address on your decision letter) or use your UC journal to request a Mandatory Reconsideration. Clearly state why you think the decision is wrong, referencing the specific legal criteria. Submit any additional evidence. The 1-month deadline runs from the date of the decision notice.
Submit an SSCS1 Appeal if MR Is Unsuccessful
If the MR decision is still unfavourable, complete Form SSCS1 (available at gov.uk) within 1 month of the MR notice date. Send it to HMCTS with a copy of the MR notice. You can represent yourself or seek free help from Citizens Advice or a welfare rights adviser.
Prepare Your Evidence Bundle
Gather all relevant evidence: medical records, letters from your GP or consultant, statements from carers or family members, and any other documents supporting your claim. Organise these into a clear bundle and submit them to the tribunal before the hearing.
Attend the Tribunal Hearing
Attend the hearing (in person, by video, or telephone). Present your case clearly and focus on how your condition or circumstances meet the legal criteria. The tribunal is not adversarial — you are not 'arguing against' the DWP, you are explaining your situation to an independent panel.
Important Deadlines
Important Warnings
There is no automatic right to continue receiving benefit during the MR or appeal period — ask the DWP about 'advance payments' or alternative support while you wait.
Missing the 1-month deadline for MR or the 1-month deadline for appeal can result in you losing your right to challenge — late requests may be accepted but are at the DWP's or tribunal's discretion.
Do not sign a consent or waiver offered by DWP to 'resolve' a dispute without taking advice — this could extinguish your appeal rights.