How to challenge a Universal Credit sanction

Have your benefits been stopped or reduced because of a sanction? The Law Centre can help you challenge current and old sanctions to get your money back

The Law Centre has partnered with the Public Law Project on a project designed to identify and document discriminatory practises within the benefits system to bring about change. As part of this project, the Law Centre provides specialist support to help people in Birmingham and Coventry to challenge existing and old sanctions.

Contact the Law Centre for help

Do you work for a frontline organisation in Birmingham or Coventry that supports people who may have been subject to a Universal Credit sanction?

Many people do not realise they have been sanctioned - it might just be they have noticed a reduction in their benefits from one month to the next. For people who do understand they have been sanctioned, many do not realise they can and should challenge the sanction.

Almost all sanctions can be successfully challenged which will mean that full benefits are reinstated or refunded.

The Law Centre is a member of the Coventry Poverty Alliance, which is campaigning to raise awareness of the importance of challenging all Universal Credit sanctions. If you are supporting people who are struggling with their finances and you are an organisation based in Birmingham or Coventry you can support the campaign by hosting the campaign posters and/or leaflets in any client-facing spaces and online, to encourage people to take action on sanctions.

Coventry Poverty Alliance believes action on sanctions is action on poverty.

Campaign poster:


Front page	Back page

Download poster

Contact [email protected] for further information and resources

What you need to know about Universal Credit sanctions

What is a Universal Credit sanction?

A Universal Credit sanction is a reduction of your benefit payment for a set time as a result of failure to meet the conditions of your Claimant Commitment.

Why have I been sanctioned?

Your Claimant Commitment, sometimes referred to as ‘work-related requirements’, set out what is required from you in order to keep receiving Universal Credit.

If you haven't done one of the activities in your Claimant Commitment, you could be sanctioned.

Can I appeal my Universal Credit decision?

If you disagree with the decision about your universal credit claim, you can ask the Department for Work and Pensions (DWP) to change it. You'll need to ask for 'Mandatory Reconsideration' - this means the DWP will look at the decision again.

Almost all sanctions can be successfully challenged which will mean that full benefits are reinstated or refunded.

Don’t be put off if DWP staff do not take your challenge seriously just continue to make your argument. If the Mandatory Reconsideration is not successful then repeat the same argument at the appeal stage.

Reasons why Universal Credit sanction appeals (Mandatory Reconsideration) succeed

There are two main reasons why Mandatory Reconsideration challenges succeed:

The claimant had good cause for the action they took
DWP failed to follow the correct process.

What is good cause?

There are lots of reasons that are considered good cause and none that are good or bad so do not worry if you think your reason is not good enough.

The important thing is to make an argument and say it is good cause.

Think about whether you are at a disadvantage. For example, due to being unwell, having caring responsibilities, being homeless, having been a victim of domestic violence, having language issues or literacy issues, being young and/or having limited experience of the benefit system etc. This can form part or all of your argument.

A step-by-step guide to challenging a Universal Credit sanction

	To request a Mandatory Reconsideration, use your online journal or speak to your work coach. Mandatory Reconsiderations should be in writing so if they are made verbally follow up in writing to confirm. Use the wording in our sample letter on your journal or send it to the address included in the letter you received notifying you of your sanctions. If there is more than one sanction challenge, include all of them in one letter.
	If you have supporting evidence to explain why you were unable to meet the requirements, you can provide this now or you can provide it later. Do not delay your Mandatory Reconsideration challenge if you need more time to get the supporting evidence. Do not worry if you do not have any supporting evidence just explain as clearly as you can what happened. Examples of evidence could include: proof of ill health or of conflicting appointments; a note or letter form a relative or support worker etc; a bus or train ticket to show if a bus or train was delayed or if it did not run (note: there are currently a lot of issues with public transport not running due to staffing shortages as well as industrial action); any proof of phone calls made or texts or emails sent.
	There is no set time limit for a response to your Mandatory Reconsideration. However, if you have not been contacted about your request, you should check it has been received and ask them to make a decision as soon as possible.
	Once you have a Mandatory Reconsideration notice if the decision has not been changed you need to lodge the appeal within one month or up to 13 months with good cause for a late appeal. Appeals should be on form SSCS1 and can be made electronically or on a paper form. [Form SSCS1: Appeal a social security benefits decision (Notice of appeal) - GOV.UK (www.gov.uk)] You should repeat the same argument at the appeal stage. When you appeal you’ll be asked if you want a hearing. If you have a hearing the tribunal can ask you questions about your situation before they make a decision. When the appeal is lodged you can put Central England Law Centre down as representative and we will help at the appeal hearing. Once the appeal has been lodged, the law centre will be in touch and will then guide you through and help you with all stages of the appeal. The DWP or HMRC should send any evidence you’ve already given them to HMCTS. You don’t need to send it again when you appeal. If you have new evidence when you fill in the appeal form you can either: upload it if you’re applying online; post it to HMCTS with your form; If you’re waiting for new evidence, you should still fill in the appeal form and submit it online or post it.

How to write a letter challenging your universal credit sanction

How to write a letter challenging your universal credit sanction with a sample letter to use in your challenge. Read more

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