DWP payment dates for universal credit, PIP, and other benefits
Both the Conservatives and Labour have signalled a new approach to sickness benefits designed to reduce the cost.
Both parties have outlined plans to help people back into work, however critics fear this will cause serious harm to the ill and vulnerable.
Already thousands of people are rejected for Personal Independence Payments (PIP) despite good evidence, including medical reports, of real need.
However, there is an appeals process which means many people who are initially denied PIP go on to receive the benefit.
PIP is the main disability benefit for working-aged people in England and Wales and around three million people currently claim it.
READ MORE DWP gives everyone on PIP 49 days to respond as benefits ‘set for cut’
PIP is the main disability benefit for working-aged people in England and Wales
PIP is paid not based on your condition, but on how your condition affects your daily life. This means a broad range of disabilities or medical conditions can be eligible to claim.
How much people get depends on how difficult they find everyday tasks and getting around.
There are two components – daily and mobility – which are then split again into two, with a standard rate and an enhanced one. The maximum weekly payment currently sits at £184.30.
Getting PIP is notorious difficult. According to Department for Work and Pensions (DWP) data, on average only 52 percent of PIP claims are successful.
The likelihood of success varies according to the condition at the heart of the claim. For example, PIP claims for Rheumatoid Arthritis have a success rate of 74.7 percent, whilst those for Type 1 Diabetes are as low as 28 percent.
The latest figures show that across 2022/23, some 5,300 people successfully challenged the DWP over its initial PIP award decision.
Of those, 1,500 people were awarded at least one enhanced payment rate of either the daily living or mobility component of the disability benefit through the process.
Citizens Advice has produced a guide detailing how people can challenge a DWP decision to refuse PIP or to offer a lower rate than expected.
Check the PIP decision
The first step you should take if you do not understand the decision made on your claim is to ask the DWP to explain. You will usually receive your decision outcome in a letter, which Citizen’s Advice says will include details of who to contact for an explanation. If you do not agree with this, you can then ask for a “Mandatory Reconsideration”.
Ask for Mandatory Reconsideration
A Mandatory Reconsideration is when the DWP looks at their decision again and decides whether to change it. However, you will only have one month to ask for one from the date of your decision letter. Citizen’s Advice says the “best way” to apply for a reconsideration is to download the CRMR1 mandatory reconsideration request form on GOV.UK. You’ll then need to fill in the form, print it and post it to the DWP – you can’t submit the form online.
If you’re not able to use the form, you can write a letter to the DWP explaining why you disagree with the decision.
Citizen’s Advice notes that you can call the DWP, however it is better to have everything in writing.
Once the DWP has looked again at its decision, they will send you a Mandatory Reconsideration Notice. This will tell you if the decision has been changed or not.
Appeal to a Tribunal
The DWP’s decision is not changed through Mandatory Reconsideration, you can appeal to an independent panel, called a tribunal.
The tribunal looks at the evidence from both sides and then makes a final decision. Specifically, the appeal will look at whether the decision was right at the time it was made – they won’t consider whether your condition has got worse since then.
To be allowed to appeal to the tribunal you will need to fill out an appeal form, you can get this form online at GOV.UK to fill out, or you can appeal online.
To appeal you will need your letter from the DWP with the words Mandatory Reconsideration Notice at the top – if you’ve lost it, you will need to ask the DWP for a new one. You will also need to send your appeal form within one month of the date shown on the mandatory reconsideration notice.
Citizen’s Advice says the “most important” part of the application is the “Grounds for appeal” section. In this section, you will need to give the specific reasons why you disagree with the decision.
When filling out this section you should use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Citizens Advice advises that you give facts, examples and medical evidence (if you have any) to support what you are saying.
When sending off your appeal form, Citizen’s Advice says it’s “better” to ask for an “oral hearing” – this just means you attend the hearing in person.
It adds: “Having an oral hearing gives you more opportunities to put your case forward and a better chance of winning.”
You should also make a note of dates you are unable to attend as if the hearing is booked for a date you’re not available, you might not be able to change it. When posting your appeal documents, you should do so by recorded delivery or proof of postage. Citizen’s Advice notes this could help you later if the tribunal service says you didn’t meet the deadline or if the letter gets lost in the post.
The DWP’s decision is not changed through Mandatory Reconsideration
At the tribunal
Once the HM Courts and Tribunal service receives your form, it will check it and ask the DWP for their response within 28 days. When the hearing comes, it will not take place in a formal courtroom and will be more “informal”. The hearing panel will be a legally qualified judge and up to two other independent people, including a doctor.
You will be questioned during the hearing, and a DWP representative may also be present to make their case.
If your appeal is successful, you’ll get an official notice in the post within a couple of weeks. The DWP will also have to pay you everything they should have been paying you from the date of your claim. It normally takes between four to six weeks for this money to come through.
If you lose, you’ll be sent a guide with an official notice that explains your options. Sometimes it’s possible to appeal to a higher level of tribunal, called the Upper Tribunal, if you think your tribunal made a mistake in law, but you can’t appeal just because you disagree with the result.
Citizens Advice warns that the tribunal process can take a long time. A statement on their website reads: “The process can be draining but it’s worth remembering that more than half of people who appeal their PIP decision win at a tribunal. If you feel the decision is wrong, don’t be put off appealing.”