How do I appeal a DLA decision?

Step one: ask for a mandatory reconsideration

First ask the DWP for a ‘mandatory reconsideration’ within one month of the decision letter; if they don't change it, appeal to the independent tribunal within one month of the reconsideration notice. You cannot go straight to a tribunal. Asking the Department for Work and Pensions (DWP) to look at the decision again is a required first step, and until you have done it the tribunal will not take your appeal.

You can ask by phone, by letter, or on form CRMR1. Whichever you use, say which Disability Living Allowance decision you mean (the date is on the letter), and set out, point by point, the day-to-day care and supervision your child needs that the decision has missed. Keep a copy and note the date you sent it.

Step two: appeal to the tribunal

If the DWP will not change the decision, it sends you a mandatory reconsideration notice. You then have one month from the date on that notice to appeal to the First-tier Tribunal, which is independent of the DWP. In England and Wales you can appeal online, or by post on form SSCS1, and you must include a copy of the reconsideration notice.

On the form, go criterion by criterion. Name each finding you disagree with and explain why, with concrete examples from an ordinary day and any letters from your GP, paediatrician, school or therapist. A child's DLA does not need a diagnosis; it turns on the care, attention or supervision your child needs compared with a child the same age who does not have their condition. Argue the evidenced need, not the label.

The deadlines, and the late route

The two clocks both run for one month: one month from the decision letter to ask for reconsideration, and one month from the reconsideration notice to appeal. The appeal deadline runs from the notice, not from the original decision, which is the point most guides bury.

If a month has already passed, you may still be able to act. A late reconsideration can be accepted up to 13 months from the decision if you have a good reason for the delay, and the tribunal can accept a late appeal up to 13 months after the reconsideration notice, with the tribunal deciding whether to allow it. Explain the reason for the delay clearly when you apply.

If you are not sure what to put

Free, expert help is available before you write anything. A welfare-rights adviser at Citizens Advice can check the decision and help you frame your reasons, and Turn2us sets out the child-DLA challenge route step by step. Your local SENDIASS, Contact, and IPSEA can also help. It often helps to read the questions again first in how the DLA form should be completed, so your reasons match the way the claim is scored.

This page is general information, not clinical or legal advice.

This page is general information, not clinical or legal advice.