Late mandatory reconsideration request

Yes, you can ask for a mandatory reconsideration after the normal one-month deadline, but whether the Department for Work and Pensions (or the relevant decision-making body) will accept it depends on the circumstances.

The normal deadline:

You usually have one calendar month from the date of the decision notice to request a mandatory reconsideration. This applies across most DWP benefits including Universal Credit, Personal Independence Payment, Employment and Support Allowance, and others administered under the Social Security Act 1998 and the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013.

Late applications:

The decision maker has a discretion to extend time. Under the relevant regulations, a late request can be accepted if it is made within 13 months of the date of the original decision and you can show that:

1. It is reasonable to grant the extension.
2. The application for mandatory reconsideration has merit, or there are special circumstances that made it impractical to apply in time.
3. As a result of the special circumstances, it was not practicable to apply within the original one-month period.

Special circumstances can include things such as serious illness, a stay in hospital, bereavement, not receiving the decision letter, mental health difficulties, or other significant personal disruption. The decision maker should take into account the nature of those circumstances and how long they lasted.

After 13 months:

If more than 13 months have passed since the decision, there is generally no power to accept a late mandatory reconsideration request at all. At that point, you would usually need to consider whether there is any other route, such as asking for a supersession of the decision on different grounds, or making a fresh claim.

Practical steps:

1. Write to the DWP as soon as possible requesting mandatory reconsideration and explaining clearly why you were unable to apply in time.
2. Include any supporting evidence of the reasons for the delay, for example medical evidence, hospital records, a letter from a support worker, or anything else that corroborates what happened.
3. Keep a copy of everything you send and note the date you sent it.
4. If the DWP refuses to accept the late request, you can appeal that refusal to the First-tier Tribunal (Social Entitlement Chamber), which has the power to decide for itself whether the late application should be admitted. The tribunal applies the same test but exercises its own independent judgement.

Key point:

Do not delay further. The longer the gap, the harder it becomes to persuade the decision maker or a tribunal that the extension should be granted. If you are close to or beyond 13 months, act immediately.

If you can share more detail about which benefit, when the decision was made, and why you missed the deadline, I can give you a more tailored view of your position.