Can foster carers appeal a Universal Credit decision?

The first stage of challenging a Universal Credit decision is to ask the Department for Work and Pensions (DWP) to review it. This is called a mandatory reconsideration. If the decision remains unchanged, the next stage is an appeal to the First-tier Tribunal (Social Security and Child Support), which is independent of the DWP.

Check the decision notice carefully. It should explain what the DWP has decided, the date of the decision and, usually, the reason for it. Foster carers may need to challenge decisions about matters such as:

• how fostering payments or other income have been treated;
• eligibility for Universal Credit;
• housing costs or household circumstances;
• work-related requirements or a claimant commitment;
• a sanction;
• an overpayment; or
• the amount of Universal Credit awarded.

Fostering-related payments can be treated differently from ordinary employment income, and the correct outcome depends on the type of payment, the relevant rules and the facts of your claim. If you believe the DWP has misunderstood your fostering arrangements or used the wrong information, explain this clearly rather than simply stating that the award is incorrect.

Requesting mandatory reconsideration

You can ask for a mandatory reconsideration through your Universal Credit journal, by telephone or in writing. Keep a copy of what you send and note the date it was submitted. Your request should identify the decision being challenged and set out the specific reasons you think it is wrong.

Include relevant evidence where possible, such as fostering payment statements, letters from your fostering service, award notices, tenancy information, bank statements or records showing how the DWP reached its calculation. Only provide information relevant to the decision, and explain what each document demonstrates.

The usual deadline for requesting mandatory reconsideration is one month from the date on the decision notice. If that period has passed, you can still ask the DWP to accept a late request. Explain why it was late and provide the request as soon as possible; acceptance is not automatic.

The DWP will review the decision and issue a mandatory reconsideration notice. Read the new explanation carefully, as the decision may be changed, left unchanged or corrected in a different way. A mandatory reconsideration does not necessarily mean that any disputed amount will be paid while the review is taking place, so check your journal and payment details and continue to report changes as required.

Appealing to an independent tribunal

If you disagree with the mandatory reconsideration outcome, you can appeal to the First-tier Tribunal. You will normally need the mandatory reconsideration notice before submitting the appeal. Explain which parts of the decision you dispute, why you believe the law or facts have been applied incorrectly, and what outcome you are asking for. Attach supporting documents and keep copies of the complete appeal.

Tribunal appeals are separate from the DWP’s internal review. The tribunal will consider the evidence and can ask for further information. Depending on the circumstances, you may be offered a paper decision, a telephone hearing or a video hearing, and you can ask for reasonable adjustments if you need them. You may also choose to have someone represent or support you.

Appeals should normally be made within one month of the mandatory reconsideration notice. If you are late, explain the reasons and submit the appeal promptly. The tribunal decides whether a late appeal can proceed. A later challenge to a tribunal decision is generally only possible on a point of law and may require permission, so specialist advice is sensible if the dispute reaches that stage.

Practical steps for foster carers

• Keep the original decision, mandatory reconsideration notice and all journal messages together.
• Write a short timeline showing the dates of payments, reports and decisions.
• Separate fostering payments from other household income in your evidence.
• Check that the DWP has recorded the correct household members, housing costs and caring responsibilities.
• Continue to meet any undisputed Universal Credit requirements while the challenge is ongoing.
• Ask for welfare rights advice before submitting complex evidence or if an overpayment or sanction is involved.

Citizens Advice, a local welfare rights service or another qualified adviser can help assess the decision and prepare a challenge. Your fostering service may also be able to explain the nature of payments shown on your records, although it cannot determine how the Universal Credit rules apply to your claim.