Your benefit decision has been changed because of official errors or changes in the law

  1. Home
  2. Welfare Benefits
  3. Benefits – introduction
  4. Problems with benefits and tax credits
  5. Challenging a benefit decision
  6. Challenging a DWP benefit decision
  7. Common reasons for changing a DWP benefit decision
  8. Your benefit decision has been changed because of official errors or changes in the law

Your benefit decision may have been changed because the decision maker made a mistake or wasn’t aware about a fact that could affect the amount of money you should get for your benefit. A change in the law may also affect your benefit entitlement or the amount you should get.

This page tells you what you can do to challenge a decision if you think that this may have happened.

The decision maker made a mistake or wasn’t aware of a fact

If the decision maker got the facts wrong, or did not know a material fact, and paid benefit when it should not have been paid the decision can be revised. A material fact is a fact that relates directly to your claim and which could affect the decision that is made about it.

The decision on your benefit will be changed if you were paid more benefit than you should have been because the Department for Work and Pensions (DWP) made a mistake or did not know a fact. If you have been overpaid you may have to pay back the extra money.

If the decision maker got the facts wrong and paid you less benefit than you should have got you can ask for the decision to be revised because an official error has been made.

If the outcome of the decision is successful, it will be revised and you will be paid any money you are owed

The decision maker got the law wrong

Your benefit can be reduced or increased if the decision maker got the law wrong and paid you too much benefit. Your benefit decision can be changed by revision to correct the error.

If you have been paid less benefit than you should have you will be paid any money you’re owed.

If you’ve been paid too much benefit you will have been overpaid and will usually have to pay back the extra money.

The law has changed

Your benefit can be reduced or increased if the law changes. Your benefit decision will be changed by supersession from the date the decision maker takes action to change the decision.

Next steps

Challenging a DWP benefit decision