Reviews, Reassessments & Changes of Circumstances
Advanced Claimant Protection, Legal Rights, Evidence Standards and Accountability Handbook
Many Department for Work and Pensions (DWP) benefits are subject to periodic reviews, reassessments, and ongoing entitlement checks.
These processes are intended to ensure that benefit awards remain accurate and reflect a person's current circumstances.
Benefits that may be reviewed include:
• Universal Credit (UC)
• Personal Independence Payment (PIP)
• Employment and Support Allowance (ESA)
• Attendance Allowance
• Carer's Allowance
• Pension Credit
• State Pension-related entitlements
• Access to Work support
• Other disability-related support schemes
A review does not automatically mean that entitlement will end, be reduced, or change. Reviews are part of the normal administration of the social security system.
Official Government Information:
https://www.gov.uk/browse/benefits
What is a Change of Circumstances?
A change of circumstances is a significant change that may affect entitlement, payment levels, eligibility requirements, or support needs.
Depending on the benefit involved, changes may include:
• Health conditions
• Disabilities
• Care needs
• Mobility needs
• Living arrangements
• Employment status
• Earnings
• Income
• Savings or capital
• Caring responsibilities
• Family circumstances
• Relationship status
• Housing arrangements
• Immigration or residency status
• Educational status
Not every change affects entitlement, but relevant changes should generally be reported where required by the benefit rules.
Why Reporting Changes Matters
Keeping information up to date helps:
• Ensure correct payments
• Reduce the risk of overpayments
• Reduce the risk of underpayments
• Protect entitlement
• Support accurate decision-making
• Maintain accurate records
Failure to report relevant changes may create future difficulties and could lead to reassessment, overpayment recovery, or further investigation.
Official Information:
https://www.gov.uk/report-benefits-change-circumstances
Legal Framework
Reviews and reassessments must be carried out within a framework of legislation, regulations, public law duties and procedural fairness.
Social Security Administration Act 1992
Provides powers relating to claims, reviews, investigations and administration.
Official Legislation:
https://www.legislation.gov.uk/ukpga/1992/5/contents
Social Security Contributions and Benefits Act 1992
Provides the legal basis for many social security benefits.
Official Legislation:
https://www.legislation.gov.uk/ukpga/1992/4/contents
Welfare Reform Acts
Relevant provisions may apply depending on the benefit involved.
Official Legislation:
https://www.legislation.gov.uk
Equality Act 2010
The DWP and organisations acting on its behalf must comply with equality legislation.
Official Legislation:
https://www.legislation.gov.uk/ukpga/2010/15/contents
Official Guidance:
https://www.gov.uk/guidance/equality-act-2010-guidance
Human Rights Act 1998
Public authorities should act lawfully, proportionately and fairly.
Official Legislation:
https://www.legislation.gov.uk/ukpga/1998/42/contents
Public Sector Equality Duty
Section 149 of the Equality Act 2010 requires the DWP to:
• Eliminate discrimination
• Advance equality of opportunity
• Consider disability-related disadvantage
• Improve accessibility
• Promote fair treatment
Official Guidance:
Your Rights During Reviews and Reassessments
Every claimant has the right to:
✓ Fair treatment
✓ Accessible services
✓ Reasonable adjustments
✓ Submit evidence
✓ Explain their circumstances
✓ Receive reasons for decisions
✓ Challenge decisions
✓ Make complaints
✓ Access independent advice
✓ Receive safeguarding consideration where appropriate
These rights apply equally regardless of sex, gender identity, disability, race, religion, age, sexual orientation or background.
Accessibility Rights
The DWP must make reasonable efforts to ensure accessibility.
Support may include:
• Large print
• Braille
• Audio formats
• Easy Read formats
• Telephone support
• British Sign Language (BSL)
• Alternative communication methods
• Home visits where appropriate
• Advocacy support
Official Information:
https://www.gov.uk/support-when-you-contact-dwp
Reasonable Adjustments
Disabled people may request reasonable adjustments.
Examples include:
• Additional time
• Alternative communication methods
• Accessible correspondence
• Home visits
• Support workers
• Sensory accommodations
• Mental health-related adjustments
• Cognitive support arrangements
Failure to properly consider reasonable adjustments may raise equality-related concerns.
Evidence Standards During Reviews
Claimants have the right to provide evidence.
Examples include:
• GP reports
• Consultant letters
• Hospital records
• Occupational therapy reports
• Mental health assessments
• Social worker reports
• Care plans
• Medication records
• Educational support plans
• Workplace assessments
• Statements from carers
• Statements from family members
The strongest evidence often explains:
• Functional impact
• Care needs
• Mobility difficulties
• Work limitations
• Changes since the previous decision
Reporting Health Changes
Health-related changes may include:
• Improvement in symptoms
• Deterioration in symptoms
• New diagnoses
• Additional disabilities
• Changes in mobility
• Changes in care needs
• New treatments
• Significant changes in functional ability
Where required, relevant changes should be reported promptly.
Reporting Employment Changes
Changes may include:
• Starting employment
• Ending employment
• Self-employment changes
• Changes in working hours
• Changes in earnings
• Workplace adjustments
• Changes affecting work capability
Official Information:
https://www.gov.uk/report-benefits-change-circumstances
Reporting Caring Changes
Examples include:
• Beginning a caring role
• Ending a caring role
• Changes in care hours
• Changes affecting Carer's Allowance
• Changes affecting cared-for individuals
Reporting Family and Household Changes
Examples include:
• Marriage
• Civil partnership
• Separation
• Divorce
• Moving home
• Household composition changes
• Changes involving dependent children
• Changes affecting housing costs
Decision-Making Standards
During reviews, DWP decision makers should:
• Consider all evidence
• Apply legislation correctly
• Consider individual circumstances
• Follow policy guidance
• Consider equality obligations
• Consider safeguarding needs
• Provide clear reasons for decisions
• Act fairly and proportionately
Administrative Law Principles
Public authorities should act consistently with:
Lawfulness
Following legislation and regulations.
Rationality
Making evidence-based decisions.
Procedural Fairness
Allowing meaningful participation.
Transparency
Providing understandable reasons.
Consistency
Applying policies fairly.
Safeguarding Responsibilities
The DWP should consider safeguarding where a claimant:
• Has dementia
• Has severe mental distress
• Has communication barriers
• Has cognitive impairments
• Is vulnerable to exploitation
• Requires additional support
Safeguarding should form part of review and reassessment processes.
Official Error and DWP Mistakes
Mistakes can occur.
Examples may include:
• Incorrect records
• Administrative errors
• Failure to update information
• Incorrect calculations
• Failure to consider evidence
• Misapplication of legislation
Where official errors occur, claimants may have rights to challenge decisions and seek corrections.
Overpayments and Underpayments
Reviews may identify:
Overpayments
Where more benefit was paid than entitled.
Underpayments
Where less benefit was paid than entitled.
Claimants generally have the right to:
• Receive explanations
• Request reviews
• Challenge decisions
• Seek independent advice
Official Information:
https://www.gov.uk/benefit-overpayments
Mandatory Reconsideration
If a review results in a decision you disagree with, you may request a Mandatory Reconsideration.
Official Information:
https://www.gov.uk/mandatory-reconsideration
Appeals
If you remain dissatisfied after Mandatory Reconsideration, you may appeal.
Official Information:
https://www.gov.uk/appeal-benefit-decision
Tribunal Rights
Tribunals are independent from the DWP.
Tribunals may:
• Confirm decisions
• Change decisions
• Increase awards
• Restore entitlement
• Return cases for reconsideration
Tribunals consider:
• Evidence
• Legislation
• Facts
• Individual circumstances
• Relevant case law
Complaints
A complaint may be appropriate where concerns involve:
• Delays
• Administrative failures
• Accessibility barriers
• Communication problems
• Failure to consider evidence
• Failure to provide adjustments
• Staff conduct concerns
Official Complaints Procedure:
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure
Independent Case Examiner (ICE)
Unresolved service complaints may be referred to ICE.
Official Information:
https://www.gov.uk/government/organisations/independent-case-examiner
Parliamentary and Health Service Ombudsman
Further escalation may be possible through a Member of Parliament.
Official Information:
Independent Advice and Advocacy
Citizens Advice
https://www.citizensadvice.org.uk
Disability Rights UK
https://www.disabilityrightsuk.org
Scope
Age UK
Carers UK
Equality Advisory and Support Service (EASS)
https://www.equalityadvisoryservice.com
Law Centres Network
Practical Protection Checklist
✓ Report relevant changes promptly.
✓ Keep copies of all correspondence.
✓ Keep records of phone calls and appointments.
✓ Save evidence submitted.
✓ Request accessible communication if needed.
✓ Seek advice before responding to complex reviews.
✓ Check decisions carefully.
✓ Challenge inaccuracies promptly.
✓ Understand your appeal rights.
✓ Ask for reasonable adjustments where required.
Advanced Accountability Framework
The DWP is accountable through:
• Parliament
• Social Security legislation
• Equality legislation
• Human Rights legislation
• Tribunal oversight
• Ombudsman investigations
• Independent Case Examiner investigations
• Judicial review principles
• Public law duties
Claimants are entitled to expect decisions that are:
✓ Lawful
✓ Fair
✓ Accessible
✓ Transparent
✓ Evidence-based
✓ Consistent
✓ Properly reasoned
✓ Non-discriminatory
Key Message
Reviews and changes of circumstances are a normal part of the social security system and do not automatically mean entitlement will change. The DWP must carry out reviews and reassessments in accordance with legislation, equality law, accessibility obligations, safeguarding duties, administrative law principles and procedural fairness. Every claimant has the right to accessible services, reasonable adjustments, fair consideration of evidence, protection from discrimination, clear explanations for decisions, and access to independent review and appeal mechanisms. Keeping information up to date and maintaining good records can help protect entitlement and reduce the risk of future disputes or administrative difficulties.