Appeal when DWP refuses mandatory reconsideration because the request was late

You can use this template if:

• your client made a late request for a revision (mandatory reconsideration) of a DWP decision
• your client's revision request was received more than one month after the date of the decision but within 13 months of the date of the decision (ie, within the absolute time limit)
• the DWP refused to consider revising the decision because it decided that your client did not meet the criteria for extending the time limit for requesting a revision

The claimant has a valid right of appeal to the First-tier Tribunal, as established in the case of R(CJ) and SG v SSWP [2018] AACR 5. The circumstances are analogous to those considered in that case, in that:

1. the claimant requested an any grounds revision (a mandatory reconsideration) more than one month but within 13 months after the original decision.
2. the Secretary of State for Work and Pensions (SSWP) refused to extend the one-month time limit for revision

The claimant meets the procedural requirements for appealing as set out in Rule 22 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 as the appeal is being submitted within one month of receiving notice that the SSWP declined to consider mandatory reconsideration (Rule 22(2)(d)).

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the date your client submitted their mandatory reconsideration request and how this request was made (for example by telephone, letter, journal note)
• why your client was not able to submit the mandatory reconsideration request earlier than they did, for example physical or mental health problems and if possible, evidence of these
• whether your client explained why their request was late to the DWP and if so, the reasons they gave to the DWP

Information about the decision

• the date of the decision your client is challenging (that is, the date of the original decision)
• the date of the DWP's decision to refuse to carry out a mandatory reconsideration, the reasons given for this and how your client was informed