Sanctions, mandatory reconsideration and appeals

Two different kinds of trouble can interrupt ESA: a sanction, which reduces payment because agreed activity was not done, and a decision you disagree with, such as a fit-for-work finding or the wrong group, which you challenge through mandatory reconsideration and then a tribunal appeal. They have different rules, different timetables and different effects on payment, so this page keeps them separate.

Sanctions in the work-related activity group

Your ESA can be reduced if you do not attend interviews or do work-related activity as agreed with your work coach in your Claimant Commitment. The reduction can continue for up to 4 weeks after you restart work-related activities, so a sanction does not necessarily end the day you re-engage: it can run on for a further month. Before a sanction is imposed, you receive a letter saying you may be sanctioned. If you have a good reason for not doing what was agreed, tell your work coach straight away and provide evidence: illness, a hospital appointment, a family emergency, or a commitment that was never realistic for your condition are all reasons that can prevent a sanction, but only if the DWP hears about them promptly. Support group claimants have no work-related activity requirements, so this sanction does not apply to them.

If a sanction is imposed and you believe it is wrong, challenge it in the same way as any other decision: mandatory reconsideration first, then tribunal appeal. While a sanction challenge is under way, you continue to receive ESA minus the sanctioned amount. Keep attending interviews and activity while you challenge, because re-engagement both limits the sanction period and strengthens your case.

Mandatory reconsideration: the first challenge

Most ESA decisions must be challenged by asking the DWP to look at the decision again. That is called mandatory reconsideration. Ask within 1 month of the date on the decision letter. If you are late, you can still ask, but you must explain why you are late, and the DWP can refuse a very late request. Put your challenge in writing, point by point: which findings you disagree with, what evidence supports your view, and what decision you are asking for. Include new evidence if you have it, such as a letter from your GP or a detailed statement about your daily life, and keep a copy of everything you send. The DWP then sends a mandatory reconsideration notice with its new decision.

Tribunal appeal: the second challenge

If the mandatory reconsideration does not change the outcome, you can appeal to HM Courts and Tribunals Service, using form SSCS1 or the online appeal service. You have 1 month from the date of the mandatory reconsideration notice to appeal. Again, a late appeal is possible with good reasons, but do not rely on that: send the appeal promptly and get proof of posting if you post it. On the form you choose whether to have a hearing in person or a paper hearing decided on documents alone; in-person hearings succeed far more often, so attend if you possibly can, and ask on the form for any support you need, such as an accessible room or an interpreter.

What happens to payment while you challenge?

Tribunals reconsider the whole award, not only the point you raised, so an appeal can in principle lead to a lower award as well as a higher one. That risk is real but small in practice for well-evidenced appeals, and it is not a reason to accept a plainly wrong decision. Before appealing, get your evidence in order, read the reasons in the decision letter and the reconsideration notice, and answer those reasons directly rather than repeating your original claim in general terms.