How to challenge a DWP decision: mandatory reconsideration, form SSCS1 and the tribunal

A refused benefit or an unexpectedly cut payment is not the end of the matter. Every DWP decision in Great Britain has two stages of challenge, and both are free: first the department has to look at the decision again (mandatory reconsideration), and only then does the case go to an independent tribunal. Here are the deadlines, the forms and what actually happens at the hearing.

What is mandatory reconsideration and why does it come first?

It is the compulsory first step: asking the same department to look at its decision again. Without it you usually cannot appeal. The reason you give does not have to be legalistic — GOV.UK accepts that the office made an error, that it missed important evidence, or simply that you disagree with the reasons given. Asking costs nothing. The outcome arrives as a separate letter, the Mandatory Reconsideration Notice. You will need that document for the next stage, so keep it.

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How long do you have to ask for a reconsideration?

Usually one month from the date on your decision letter. A late request can still be accepted if you had a good reason; GOV.UK gives a stay in hospital and a bereavement as examples. One caveat matters: some decisions cannot be reconsidered at all, and some can be appealed straight away without this step. Your decision letter says which applies to you, which is why it is worth reading past the first line.

Which benefits does this process cover?

GOV.UK lists Attendance Allowance, Carer's Allowance, Employment and Support Allowance, Jobseeker's Allowance, Maternity Allowance, Pension Credit, Personal Independence Payment, Universal Credit (including advance payments), Winter Fuel Payment and child maintenance, among others. Separate routes apply to Budgeting Loans, Child Benefit, Guardian's Allowance, Housing Benefit, Social Security Scotland payments, Tax-Free Childcare and 30 hours free childcare, and Vaccine Damage Payment — each of those has its own challenge procedure.

How do you appeal to the tribunal, and which form do you need?

The appeal goes to the Social Security and Child Support Tribunal, run by HM Courts and Tribunals Service and independent of government. You should appeal within one month of getting your mandatory reconsideration decision; a later appeal has to be explained and might not be accepted. It is free. Online you will need your National Insurance number, your representative's details if you have one, and the mandatory reconsideration notice — or the line in your decision letter saying you did not need one. By post the forms are SSCS1 for most benefit decisions, SSCS2 for child maintenance, SSCS5 for HMRC decisions and SSCS7 for Vaccine Damage Payment. Child maintenance and HMRC decisions cannot be appealed online at all.

What happens at the hearing?

A judge and one or two experts decide the case; which experts depends on the benefit. You choose whether to attend and explain your appeal in person. If you do not attend, the tribunal decides from your form and the evidence you sent. Someone from the department that made the decision may come, but they are not part of the tribunal and do not decide the outcome. An interpreter, a hearing loop or an accessible room must be requested when you make the appeal, and you cannot bring your own interpreter. If you are outside the UK you can ask to give evidence by live video or audio — contact the tribunal as early as you can.

Are travel costs to the tribunal paid back?

Reasonable costs are. Public transport fares are covered, or 45p per mile if you drive, plus 5p per mile for up to two passengers. Meals: £4.25 if you are away more than 5 hours, £9.30 over 10 hours, £13.55 over 12 hours. Lost earnings: £43.10 for up to 4 hours, £83.83 for 4 hours or more. Care costs are paid up to the National Minimum Wage. The clerk will help you fill in the claim form at the hearing; bring your bank details and proof such as receipts or a letter from your employer, and the money is paid as soon as possible afterwards. Separately, you can get a free audio recording of the hearing if you apply within 18 months of the hearing date.

What if the tribunal says no as well?

You can ask for the decision to be set aside, following the instructions in the tribunal's decision letter. If you think the tribunal got the law wrong, the next step is the Upper Tribunal (Administrative Appeals Chamber), and legal aid may be available at that stage. Free help with the process itself comes from Citizens Advice, Advicenow and Advicelocal.