Appealing a Universal Credit sanction

Yes, you can challenge a Universal Credit sanction, and there are two main routes available to you depending on where you are in the process.

Mandatory reconsideration:

This is the first step and is compulsory before you can appeal to a tribunal. You ask the Department for Work and Pensions to look at the decision again. You must request this within one calendar month of the date on the decision letter, though late requests can sometimes be accepted if there are good reasons for the delay.

You can request a mandatory reconsideration by telephone, online through your Universal Credit journal, or in writing. It is usually best to do it through your journal so there is a clear written record. Set out clearly why you think the decision is wrong, for example that you had good reason for the act or failure that led to the sanction, or that the decision maker made an error of fact or law.

Appeal to the First-tier Tribunal (Social Security and Child Support):

If the mandatory reconsideration does not go in your favour, you can appeal to the independent tribunal. You must normally do this within one calendar month of the date on the mandatory reconsideration notice. The appeal is made to His Majesty's Courts and Tribunals Service, and you can submit it online or by post using form SSCS1.

The tribunal hearing is informal, usually before a panel including a judge and sometimes a medically or financially qualified member. You can attend in person, by video, or by telephone. You can also bring a representative or support person.

Practical points to consider:

1. Gather any evidence that supports your reason for the act or omission that triggered the sanction, for example medical evidence, letters, travel disruption records, or evidence of misunderstanding or miscommunication with your work coach.

2. Check whether you have "good reason" for what happened. The law requires the decision maker to consider whether you had good reason before imposing a sanction. Common good reasons include illness, caring responsibilities, domestic emergencies, misunderstanding of what was required, or failure by the DWP to properly notify you of the requirement.

3. While a mandatory reconsideration is ongoing, the sanction continues to apply. However, you can apply for a hardship payment if the reduction is causing serious financial difficulty. This is recoverable, meaning the DWP will deduct it from future payments, but it can help in the short term.

4. If you do appeal to the tribunal, the tribunal can look at the decision afresh, consider new evidence, and substitute its own decision. Statistically, a significant proportion of sanctions are overturned at tribunal, particularly where claimants attend and present their case.

5. Citizens Advice, local welfare rights services, and some law centres can help you prepare a mandatory reconsideration or appeal at no cost.

The key deadline to watch is the one-month time limit for mandatory reconsideration from the date of the sanction decision. If that date has already passed, let me know and I can explain the position on late applications.