Ask for a mandatory reconsideration within one month of being given the sanction if you can.

If you miss the one month deadline you can and should still ask for a mandatory reconsideration. But you should give reasons for requesting it after the deadline. A good reason might be that you didn’t understand that you could challenge the decision until today, or that you needed someone’s help and didn’t get that until now, or that being sanctioned had such a serious impact on your mental health you were not capable of asking for a mandatory reconsideration earlier. 

Your request will likely be accepted if it is less than 13 months of since the decision. If it is more than 13 months, ask for an ’any time revision’ in your letter. Explain that you did not know you could challenge the decision until now.

You can ask the DWP to reconsider the decision to sanction you at any time if your Universal Credit is sanctioned. If the sanction relates to another benefit such as Employment and Support Allowance you need to act quickly – get advice. You can ask in writing, in your online journal if you have one, on the phone or in person. It is best to do it in writing if you can because that way you have proof of your request and the date you made it. If you are not doing it via your online journal, make sure to keep a copy.

Look at the letter or the notification in your online account telling you about the sanction. It should tell you how to go about challenging the decision. It should also include the reason for your sanction, how long it will last and how much money is being stopped. If not, ask for that information. There may be more than one letter about the sanction so make sure you have all the information you need, and ask the Jobcentre for it if they haven’t supplied it.

In your mandatory reconsideration request letter explain why you think the decision is unfair or wrong. For example, because:

• The Jobcentre says you failed to do something, but you did do it.
• You have a good reason for what you did or didn’t do - for example if you did not attend an appointment or apply for enough jobs because your mental health had deteriorated. Or if you have mobility issues or live a long way from the Jobcentre and were unable to travel to an appointment because of an unusual problem with public transport..
• The Jobcentre didn’t explain to you properly what you had to do, or what would happen if you didn’t do it.
• You have been sanctioned for something you weren’t asked to do.
• You have been sanctioned for failing to do something that was unreasonable – for example, if your work coach knew you had to take a young child to school which should have been reflected in your Claimant Commitment and then asked you to attend an appointment at 8:50am.
• You have been given the wrong sanction (check you’ve been given the right sanction.)

You will need to send copies of evidence to support what you say. See Be organised and keep records.

Try not to put it off. It doesn’t need to be long, and you don’t have to use the ‘right language’. We know it’s hard to know where to start so we’ve included an example below so that you can feel more confident about writing your own letter.

It is important to give all the facts about what you did and didn’t do, what you were told by the Jobcentre beforehand, and what your reasons were if you failed to do something. Remember to keep a copy. This will mean you have the best chance of getting the decision changed at this stage, and you will be able to use the letter again if you have to ask for an appeal.

If you have any more evidence that you think will help (for example, a letter from one of your doctors explaining how a condition affects you, or a receipt or ticket which shows your whereabouts at a certain time) send that too.

Below is a template letter that you can use to help you write your mandatory reconsideration request.

When you appeal, an independent panel look at the DWP's decision to see if the right decision was made and change it if it was not. They do not work for the DWP. The independent panel is organised by the Court service (HMCTS).

There are two ways you can appeal. You use the form SSCS1 to ask for an appeal. Or, you can also submit your appeal online. Both are easy-to-use and understand. If you use the online version a record of what you have said gets sent to your email address. If you use the form try to keep a copy, or take a photo of each page with your phone.

In Northern Ireland you use form NOA1(SS). Although the information in this section will be useful if you are based in Northern Ireland, the process is slightly different than set out here. See appeal form NOA1(SS). 

There are a lot of things for you to do over the next few months. It is important to start preparing as soon as you can. Some things can take a long time.

If you have not already tried to get help and advice do so now (See How to find an adviser). Some advisers may be able to help do some of this preparation for you. If you are lucky enough to find someone who can help with the preparation, make sure you are clear which things your adviser is going to do for you, and which you need to do yourself.

Manage your appeal 

If you are OK with online things, it is a good idea to sign up to the Manage your appeal service. This service enables you to keep track of how your appeal is progressing, and you can use it to upload evidence (including audio and video evidence if you want to).

It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has been received, and when your hearing date has been scheduled. 

If you asked for an appeal online and gave them your email address, you will have received an email with a link to help you sign up. If you did not, you can sign up by calling 0300 123 1142 Monday to Friday, 8:30am to 5:00pm or by emailing [email protected]. If you ask by email, you will need to include your National Insurance number, date of birth and postal address.  

When will the hearing be?

Usually you won't get told the date of the hearing until 2-3 weeks before. You should be given at least 14 days’ notice (unless you agreed to less on the form). You can phone the tribunal centre dealing with your appeal and ask them when your hearing is likely to be. They will be able to give you a rough idea of waiting times in your area.

Getting help

If you are not getting any professional help to prepare for the hearing, you might want to ask somebody else to help you. You may not need any help, but it might stop it from feeling too stressful. This is particularly useful if you are not very good with paperwork or deadlines. If you do think it might be useful, think about who you could ask - do you have a family member, friend, or someone who helps you who is good with paperwork and organising things?

The papers from the DWP

Look at the papers that you were sent by the DWP explaining why they made the decision to sanction you. If it is very big or includes examples of test cases at the beginning, don’t let that put you off. You can ignore these.

The most important parts are the bits about why the decision to sanction you was made. Read through it and look for anything you don't agree with. Make a note of all the things that are wrong. If you can, say why you don’t agree with them or why they are wrong. You can include this in a statement to the tribunal - see below for more information on statements. Also think about how you could get further evidence (from your doctor if you were ill for example) that would give a fairer picture.

Check that everything you want the tribunal to read is in the papers. If anything is missing, send in a copy before the hearing. If it isn’t included in these papers from the DWP, the judge won’t see it unless you provide it. 

Getting evidence

It will help your chances of success if you can get evidence to prove what you say, if possible. What evidence you will need will depend on what your sanction is for.

For example, if you were sanctioned for failing to do something in your Claimant Commitment, but your Claimant Commitment didn’t reflect a health problem or caring responsibility which meant you were unable to do that activity, you would ideally need evidence to show that:

• you had asked for a review of your Claimant Commitment, or that
• your work coach knew about your health problem or caring responsibilities.

If you do not have that then evidence of your health problem or caring responsibility will help.

You may need evidence to show that you did or did not carry out a particular activity. Or evidence to show that you had a good reason for doing or not doing something. For example, if you were ill, who knew about it and could support your version of events?

Consider asking your GP, support worker or another health professional, your carer or a friend for a supporting letter.

Evidence you already have

Think about what evidence you already have. Do you have reports of physiotherapy, occupational health, or psychological assessments? Do you have copies of letters that the different doctors and therapists have sent to each other? Do you have letters or screenshots showing your were given an appointment at the same time as a part-time job or agreed training course the DWP knew about? Do you have receipts, tickets, or confirmation emails that show where you were or what you did? This type of evidence is likely to be very helpful. Does your phone have a record of calls made showing how you tried to ring the Jobcentre, or screenshots of messages you sent them, to tell them you couldn’t make it or were going to be late?

Write a statement

If you (or someone who could help you) are good with writing, you should think about writing a statement, because this counts as evidence too. A statement can be very useful as you can use it to set out all the points you want to make, which means that you don't have to remember everything you want to say on the day. They also give the judge time to think about what you’ve said before they meet you. If you can, send it to the tribunal in advance.

How to write a statement for your appeal

On the left is information to help you write your statement to the tribunal. It tells you all the things you should try to put in your statement and how to begin. You don’t need to fill in every box, only the ones which are relevant to you.

On the right is Carys’s statement. We have included it to give you an example of what a statement might look like.

Carys's statement

Carys's statement

What to do with the evidence

Read all the evidence through - does it support your case? If it doesn't, you don't have to send it to the tribunal (but if they ask if you had any evidence you didn't send them, you have to tell the truth). 

If you are using the Manage your appeal service, then you will be able to submit evidence online, including video and audio files. If you are not using the online service though, you should try to get as much of your evidence as possible on paper. Read more about printing from your phone.

If the evidence is already on paper, photocopy it, and send it into the HM Courts and Tribunal Service before your hearing. Try to keep your evidence organised and neat. Ideally, send it at least a week in advance. On the day of your hearing, have a copy to with you and ask the tribunal to confirm that they have already received them. If they haven’t, you can give them/email them a copy.

Work out how you will attend the hearing

If you are attending an in-person hearing, work out how you will get there and how long it will take the day before. The last thing you need is to add to your stress by getting lost, not being able to park, or being late.

If you have a telephone or video hearing, make sure you understand how that is going to work. An online video hearing involves a link that you will need to use to connect to the tribunal from your laptop, tablet or smart phone. If you're not sure, ask your adviser, if you have one, or ask the tribunal service for help.

See our guide on court and tribunal hearings by telephone or video for more information on how these types of hearings work.

Arrange childcare

It is best not to take your children to the hearing with you. In fact, if they are with you, they will usually not be allowed into the hearing. If it will cost you, get a note from the carer/childminder confirming their rate – you will be able to reclaim some expenses.

Work out what you need to claim expenses

If you are going to a hearing in person, you can claim travel expenses for the day of the hearing if you use public transport or travel by car. You can also claim for a meal if you are away for more than five hours. If you have to take time off work, you may also be able to claim expenses for loss of earnings. And if you have had to pay a carer or childminder you can claim expenses up to the National Minimum Wage for the time you have been away.

Before you go to your hearing, check the current rules on expenses on GOV.UK.

The tribunal clerk will help you fill in a claim form when you go to the hearing. Make sure you take receipts for your travel and lunch. If you have lost earnings, make sure you have a letter from your employer confirming this. Contact the tribunal before the hearing if you need help.

Make notes of all the things you want to say on the day

This is really useful and also stops the hearing or the preparation from getting too stressful. Every time you think of something the Jobcentre got wrong, make a quick note of it. Remember to take these notes with you to the hearing so that you can tick them off as you say them. Be prepared to answer the judge’s questions first – you won’t necessarily get to say everything you want to say in order. But you should be asked if you want to add anything at the end.

Many hearings happen over video now. However, some are still face-to-face. Whatever kind of hearing you have you should prepare in a similar way.

Attending a hearing isn’t like going to court. You can go alone or take a friend or family member with you for moral support. The hearing itself will usually last about 40 minutes.

You can attend alone, take a friend or family member with you for moral support or a representative.

Sometimes the tribunal will decide the case in your favour just on the evidence, statement, or your explanation on the appeal form. If this happens they may ring you the day before the hearing or tell you when you arrive so the hearing won’t need to go ahead.

Face-to-face hearings

When you arrive at the tribunal centre you will usually be shown into a waiting room. You might have to wait here for a little while. When the judge is ready for you, you will be called into the room.

When you go into the room (it often looks like an office) there will be a big table in front of you. You (and anyone who goes with you) will sit at one side of the table and the judge will sit on the other side.

The judge will introduce themselves and explain what will happen.

Stick to what you wanted to say, and answer their questions fully. Remember – it is your appeal. If you get upset at any point you can ask for a short break.

The DWP has a right to send somebody to your appeal to explain why they made their decision. They may ask some questions. Don't worry about this though. If they do send someone, it will not be the person that made the original decision about your sanction.

You can take a friend or relative to the appeal with you. If you are taking part by phone or video call, you can also ask for someone to be on the call with you, but you will need to check with the tribunal in advance. Find out more about how to have someone support you during a remote hearing.

If you have asked somebody to attend with you to give you support, show them the information in the box below, called 'For friends and relatives.' It explains what they can do to help.

Top tips to make the hearing go smoothly

• Make sure you arrive at least 20 minutes early, or have your phone charged and ready or click on the joining link in plenty of time.
• The judge may be running late and so you might have to wait. If you have made any notes of what you want to say, go over them. Try to keep calm. If you are attending in person have a snack in your bag in case you get hungry. There will usually be water available.
• Many people find they get very emotional at the hearing. It doesn't matter if you get upset. It won't make any difference to your chances. Remember, you can ask for a break to calm down.
• If you had asked for any help with communication or translation and it is not available, you should insist on having the hearing another day.
• If you sent them any evidence before the hearing, check that they received it.
• If you don't understand a question ask them to repeat it or put it another way. If you still don’t understand, tell them that.
• If they say something that isn’t right, make it clear that it is not true.
• Don't worry about using the 'right' language or ‘buzz words’. It is much better to use your own words. If you think they haven't understood something you have said, say it again in a different way.
• Try to make sure you don’t make light of any difficulties you have or exaggerate them.

The tribunal will tell the DWP their decision and you’ll get an official notice of the decision.

If you were successful, the DWP will work out how much they owe you. You will usually receive your money in about 4 - 6 weeks, unless the DWP appeal.

The DWP has the right to appeal to the Upper Tribunal if they think the tribunal judge did something wrong. They may ask the tribunal for a ‘statement of reasons’ which explains why the tribunal made the decision it did. If the DWP thinks there was an ‘error of law’ it can ask for permission to appeal. It is rare that the DWP appeals a decision, but the time it takes to get the ‘statement of reasons’ can delay you getting your money. If it does happen, they will write and tell you.

If you weren't successful, you will be sent a leaflet to explain your options. Sometimes you might be able to appeal to the Upper Tribunal. This is like a higher court. However, this can only be done if the judge did something wrong with the law. It is very complicated, and very few people can do this without an experienced adviser. If you want to look into this possibility, you need to move quickly - you will need to ask for a copy of the tribunal’s ‘statement of reasons’ within one month. See How to find an adviser.

You can complain to the DWP and ask your Member of Parliament (MP) for help.

You can complain about the service you have received from the DWP by writing to them. There is an online complaints system for some benefits, including Universal Credit. For example, you can complain if you were sanctioned without being given the chance to explain your version of events or if the DWP failed to take into account a health condition when setting your work-related requirements.

For more information on how to complain see Complaining about the service you've received - benefits and tax credits from Citizens Advice.

If you are sanctioned or threatened with a sanction unfairly, you can also complain to your MP. Write to their office and send a copy of the letter to the Jobcentre dealing with your case. The Jobcentre may take your complaint more seriously when they see that you have involved your MP.

Your complaint letter doesn’t need to be long or complicated. You will need to include your name, address, contact details, date of birth and National Insurance number. Then explain why the decision to sanction you was unfair. And the impact the decision has had on your ability to feed yourself (and your family), to heat or light your home, to pay for basics like soap or shampoo, the impact it has had on your health, and your ability to look for work.

Discriminated against because of your disability?

Did you have a good reason for doing or not doing the thing you were sanctioned for? Was that reason to do with your disability (or other protected characteristic)?

Or was your claimant commitment unreasonable given your health condition or disability?

If yes, you might be able to make the case that the DWP was discriminating against you.

See Disability discrimination and welfare benefits from Citizens Advice for more information.

If you think this might have happened to you – get advice as soon as you can as there are time limits for making a claim. You can also make a complaint at the same time.

"I couldn’t buy food, electricity etc. No warning. Massively added to my mental health stress."

It’s hard enough getting by financially on benefits, and really tough when you get sanctioned. But there may be other benefits and entitlements that you can get that might help a bit.

Benefits you might be able to get

You may be entitled to other benefits so check your entitlement with an advice agency or an online benefit calculator, such as the one provided by Turn2us. Make sure you claim as soon as possible.

Hardship payments

If you have been sanctioned you may be entitled to a hardship payment and may still be entitled to help with your housing costs. Hardship means severe suffering or lacking the essentials of life (food, clothes, heating and accommodation).

To claim a payment you need to call the Universal Credit helpline or go to your local Jobcentre Plus office to get an appointment where you will be asked for more information. If you are on other benefits, you may need to complete a hardship payment claim form to apply. You get this form from the Jobcentre. At the interview (or on the form) give as much evidence of your circumstances as you can, for example, a note from your doctor or a repeat prescription to show your medical condition, award notices, and bank or building society statements.

For more information on hardship payments see What is a hardship payment? 

Hardship payments of Universal Credit usually have to be paid back, but this is up to the DWP. If you are successful in challenging the sanction decision, you will not have to repay the hardship payment.

Emergency payments

If you live in England you may be able to get an emergency payment from your local council. Contact your council or check their website for information about this.
If you live in Wales you may be able to get an emergency payment from the Discretionary Assistance Fund for Wales.
If you live in Scotland you might be able to get a crisis payment from the Scottish Welfare Fund.
If you live in Northern Ireland you may be able to get an emergency payment from the Financial Support Service.

You can also find out about local emergency payments on the Advicelocal website. Put in your postcode and select ‘Welfare benefits’. Scroll down the page to ‘What other help is available?’ to find links to local help.

Make sure other benefits don’t stop

The Jobcentre only tells the council that your benefit has stopped, not that you have been sanctioned. So, the council may stop paying benefits you are getting via them, such as Council Tax Reduction and Housing Benefit. If this happens you risk getting into arrears. Try and prevent this by telling your council as soon as you are sanctioned. Take them proof of the sanction and your changed income.

We have heard of some Jobcentre staff threatening to stop people’s Housing Benefit as a sanction. This is not correct – they are not allowed to do this. They are only able to stop your Jobseekers Allowance or Universal Credit. If you have been threatened with this, ensure it doesn’t happen by informing the Housing Benefit and Council Tax Reduction office that you have been sanctioned and providing evidence how your income has changed. 

It is now much harder to find advice and help with your benefits than it used to be.  But it is worth trying to see if you can get a bit of help to work out if you were sanctioned fairly, or to check what other benefits and entitlements you may be able to get.

A few agencies may even be able to help you ask for a mandatory reconsideration, complete your appeal form, or even come with you on the day. So, it is worth ringing round a few to check what help is available. Be sure to accept any help a local agency can offer you! 

• Start by looking to see if there is a Citizens Advice that helps with benefits problems near you. Many now offer advice over the telephone.
  • Find your local Citizens Advice in England and Wales
  • Find your local Citizens Advice in Scotland
  • Find your local Citizens Advice in Northern Ireland
• You can see if there is an independent advice agency in your area via Advicelocal. If you live in Northern Ireland - visit Advice NI.

Check if your local council has a welfare rights service. In some cases they will be able to represent you. Phone the council and ask for ‘welfare rights’, check their website, or ask in your local library. Where these still exist, they are often very good.

Law Centres employ solicitors and caseworkers specialising in social welfare law including discrimination. They provide free advice, representation, and education on legal rights. Check if there is a Law Centre near you.

• There are sometimes services that you can access through your GP, social worker, community mental health worker, or community centre. There's no harm in asking - so if you have one, call, and ask if there is a service for you.
• Some charities provide advice services for particular groups - for example, the Disability Law Service offers advice to disabled people. Similarly, Gingerbread has an advice line for single parents. And the Royal British Legion offers support to members of the armed services and veterans. Check if there is a charity that provides benefits advice to people in your circumstances or with your illness or disability. 

If you’ve nowhere else to turn, try your MP. They often have a caseworker who is not usually an expert on benefits but they will often be familiar with the problem and might well be able to help you.

Appeal - This means a judge (or in Northern Ireland a legally qualified member) who does not work for the DWP or DfC will look at your claim and see if the right decision was made. If they think the wrong decision was made, they will change it.

Benefits adviser - This is a benefits expert who can give you advice about your sanction. They may also be able to help you prepare for the hearing or even represent you.

Clerk to the Tribunal - This is the person who organises the hearing and deals with the paperwork.

Claimant Commitment - to get Universal Credit you have to carry out certain work-related activities which are set out in your ‘Claimant Commitment’.

Complex needs - if you have difficult personal circumstances, or need extra support, for example, a disability or addiction.

Department for Work and Pensions (DWP) - This is the government department that deals with most benefits and runs Jobcentres.

Department for Communities (DfC) – This is the government department in Northern Ireland that deals with most benefits and runs Jobcentres.

Error of law – where a decision was wrong because of a mistake in applying or interpreting the law.

Find a Job – the government’s online job site.

Hearing - This is when your appeal is looked at by the Tribunal. You can have a hearing in person (also called an ‘oral hearing’) where you speak to the Tribunal (which can be in person, by telephone or video call.) Or you can have a written hearing (also called a ‘paper hearing’) when the tribunal just look at the papers again on their own. We strongly advise you to attend a hearing, whether in person or by phone or video call. You have a better chance of success if you do.

Her Majesty’s Courts and Tribunal Service (HMCTS) - This is the government department that organises the tribunal judge and the hearing. In Northern Ireland it is the Northern Ireland Courts and Tribunal Service (NICTS).

Legally Qualified Member – the person who hears your appeal in Northern Ireland. (In England, Wales and Scotland this is the judge.)

Mandatory reconsideration - This means the DWP will look at their decision again. You must ask for a mandatory reconsideration before you can appeal a decision.

Northern Ireland Courts and Tribunal Service (NICTS) - This is the government department in Northern Ireland that organises the legally qualified member and the hearing.

NOA1(SS) - This is the form you must use to ask for an appeal if you claim benefits in Northern Ireland.

Online journal – Part of your online Universal Credit account where you can send and receive messages from your work coach and keep a record of what you’ve done.

Protected characteristics – personal characteristics which mean you are protected by discrimination laws.

Representative - This is an expert in benefits who might help you prepare for the hearing, gather evidence for the appeal, write to the tribunal and may be able to will come with you to help you put your case.

Sanction - A benefit sanction is what the DWP and Jobcentre calls it when they reduce or stop your benefit payment for a period of time. This might be because they decide, for example, you are not actively seeking work, you missed a work-focused interview, or some other reason.

Screenshot – also called a screen capture or screen grab – when you take an image of what is shown on the screen on your phone, tablet or computer.

Social Security and Child Support Tribunal - This is the name for the body, which is separate from the DWP who will hear your appeal to see if the DWP made the right decision.

SSCS1 (NOA1(SS) in Northern Ireland) - This is the form you must use to ask for an appeal

Statement of reasons - If the DWP is thinking about appealing against a tribunal decision, they must ask the tribunal for full written reasons for the decision.

Upper Tribunal - This is like a higher court. If you weren't successful in your appeal, you might be able to appeal to the Upper Tribunal, but you can only do this if the judge made a mistake with the law.

Work Capability Assessment - This is the process by which the DWP assess whether you have limited capability to work or limited capability for work-related activity, and are therefore entitled to Employment Support Allowance or the limited capability for work element of Universal Credit.

Work coach / Jobcentre adviser – A member of staff at the Jobcentre who you will speak to regularly as part of your benefits claim, including setting your Claimant Commitment.

Work focused interview – A meeting with a work coach to help you move into work, or to find more / better paid work, or to prepare for doing these things in the future. It looks at t what you can do and what support you might need. Regular interviews are called 'work search reviews' (where the work coach checks what you have been doing to find work).

Work-related conditions / requirements – These are the activities that the DWP believe will help you be able to have a job in the future. You may need to take part in work-related activity to continue receiving benefit. The DWP should make it clear if you have to do this and what will happen if you don't. Work-related activity consist of updating your CV, going to training courses, and doing various tasks that the DWP say will make you more able to get a job later.

Disclaimer

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.
 

Acknowledgements

Advicenow would like to thank all those who provided advice and feedback, particularly Maurice Serrell from Staffs Advocacy Services CIC, who peer reviewed this update.

This guide was updated thanks to funding from the Ministry of Justice.