Until 2013, a claimant who disagreed with a benefit decision made by the Department for Work and Pensions (DWP) could appeal directly to the independent social security tribunal. But since 2013, there has been an extra step in this process. Before going to tribunal, most claimants must now ask the DWP to look at the disputed decision again, a requirement called mandatory reconsideration (MR). Only once the claimant has gone through this internal review process can they take their case to appeal.
The MR requirement has dramatically cut the number of benefit cases being taken to the independent tribunal. If it is to be retained, it is crucial that the MR process functions effectively and does not prevent claimants from getting access to justice.
Since its introduction, CPAG has raised concerns that the MR process has resulted in some claimants struggling to exercise their appeal rights.
This briefing, produced by CPAG in association with Age UK and RNIB, focuses on two new MR policies introduced in 2022 and 2023 which put access to justice for particular groups of claimants at risk:
- Decision explanation calls
DWP guidance and training materials from April 2023 state that an MR request in connection with attendance allowance (AA) will not lead to a new decision but will instead lead to an ‘explanation call’. - Standardised decision reasoning
In 2023, we heard from advisers about a change to MR decision letters for the DWP benefit personal independence payment (PIP).
