Mandatory Reconsideration – Late Requests

You have one calendar month within which you must submit the request for a mandatory reconsideration. However, there are a few exceptions. You may be able to request a reconsideration after the one-month time limit if:

• Your request is seen as reasonable
• ‘Special circumstances’ apply to your case
• Your request is likely to succeed.

The definition of special circumstances is very narrow. It must be a strong reason that can justify a late request. For example, it will not be enough if you didn’t send one because you didn’t know you had one month. However, if you were seriously unwell or in hospital, this may suffice.

You should write to the DWP as soon as possible and explain why you missed the deadline.

Please note that the later you request it, the stronger your reasons need to be.

The late reconsideration request can be looked at up to 13 months after the date of the decision letter. However, it is important to remember that you would need extremely strong reasons for a late request, and it is at the discretion of the DWP to consider your request. This means that they may not allow a late request and therefore you will not be able to take your case to a Tribunal.

There is also no right of appeal if a decision not to extend the deadline has been made. If you are late appealing against a decision, you should take legal advice.