Common Reasons DLA Claims Are Refused and How to Appeal
When you apply for Disability Living Allowance (DLA) for your child, a refusal or a lower rate than you expected can feel disheartening. Many parents find the decision letter confusing and unclear about why the claim was not successful. Understanding the common reasons DLA claims are refused and knowing the steps to challenge that decision can make a real difference. This guide explains the typical grounds for refusal and walks you through the process of appealing, from mandatory reconsideration to a tribunal hearing.
Common Reasons DLA Claims Are Refused or Awarded a Lower Rate
DLA decisions are made by the Department for Work and Pensions (DWP) based on the information in your claim form and any supporting evidence. Refusals or lower-rate awards often fall into a few familiar patterns. One of the most frequent outcomes is that the claim is not awarded at all, or the child receives a lower rate of the care or mobility component than the parent believes they qualify for.
For children, a particularly common refusal reason for the higher rate mobility component is that the DWP decides the child “consciously chooses not to walk.” This can be deeply frustrating for parents who know their child’s difficulty with walking is linked to their condition, such as autism, a learning disability, or another neurodivergent condition. The key to challenging this reason is to present evidence that the behaviour is a symptom of the condition and not a simple preference.
Other common reasons include the DWP concluding that the child’s care needs are not severe enough to meet the required thresholds, or that the help you provide is no more than what a child of a similar age without a disability would need. Each decision letter should explain the specific reason for the refusal, which will guide your next steps.
The First Step: Requesting Mandatory Reconsideration
Before you can appeal to an independent tribunal, you must ask the DWP to look at their decision again. This is called mandatory reconsideration. It is a formal review of the original decision by a different DWP officer, and it is an essential step in the process.
You have one month from the date on the decision letter to request mandatory reconsideration. If you miss this deadline, you can still ask for a reconsideration up to 13 months after the decision date, but you must provide a valid reason for the delay. The DWP will consider whether to accept a late request, so it is always worth submitting one even if the month has passed.
You can request mandatory reconsideration by calling the DLA helpline or by writing to the DWP. Explain why you disagree with the decision and include any new evidence that supports your child’s needs. This might include a letter from a paediatrician, a therapist, or a teacher, as well as a diary of your child’s care needs and mobility difficulties.
How to Strengthen Your Mandatory Reconsideration Request
The strength of your mandatory reconsideration depends on the evidence you provide. If the DWP refused the higher rate mobility component because they believe your child “consciously chooses not to walk,” gather evidence that shows the behaviour is a direct result of their condition. For example, a report from a specialist or a detailed description of your child’s difficulties when prompted to walk can help demonstrate that it is not a conscious choice.
Think about the specific wording in the DWP’s decision. If they said your child does not need enough care during the day or night, keep a diary for a week or two that records every instance of care you provide. Note the time, the type of help, and why it was needed. This kind of practical evidence can be very persuasive during a reconsideration.
Remember that the mandatory reconsideration is your chance to address the DWP’s concerns before the case moves to a tribunal. Use this opportunity to fill any gaps in the original application and to clarify points that may have been misunderstood.
If Mandatory Reconsideration Does Not Change the Decision: Appealing to the Tribunal
If the DWP upholds their original decision after mandatory reconsideration, you can appeal to an independent Social Security and Child Support Tribunal. This tribunal is completely separate from the DWP and will make a fresh decision based on the evidence presented.
You have one month from the date of the mandatory reconsideration notice to submit your appeal. If you miss this deadline, you can still appeal up to 13 months from the original decision date, but you must explain why the appeal is late. The tribunal will decide whether to accept the late appeal.
You can appeal online through GOV.UK, by filling in form SSCS1, or by writing to HM Courts and Tribunals Service (HMCTS). Online submission is recommended because it is faster and gives you a clear record of your appeal.
What to Expect at a Tribunal Hearing
Once your appeal is lodged, the tribunal will arrange a hearing. These hearings can take place in person, by phone, or by video call. Attending an oral hearing, whether in person or remotely, is recommended because it gives you the opportunity to explain your child’s needs directly to the panel. The tribunal panel typically includes a judge, a medical member, and a disability-qualified member, all of whom will listen carefully to your case.
It is worth knowing that an appeal could result in a lower award or no award at all, so you should only appeal if you genuinely believe the decision is wrong. However, many decisions are overturned at tribunal, and parents often find the process fairer and more thorough than the initial DWP decision.
Prepare for the hearing by organising your evidence clearly. Bring copies of all relevant letters, reports, and diaries. Think about the questions the panel might ask and practise explaining your child’s needs in simple, factual terms. You can also bring someone to support you, such as a friend, family member, or an adviser from a charity like Contact or Citizens Advice.
Key Deadlines to Remember
Keeping track of deadlines is critical when challenging a DLA decision. The mandatory reconsideration must be requested within one month of the decision letter (or up to 13 months with a reason for delay). If that step does not succeed, the appeal must be submitted within one month of the mandatory reconsideration notice (again, up to 13 months from the original decision with a valid explanation). Missing these deadlines can make the process more difficult, so mark the dates on your calendar as soon as you receive the decision letter.
Where to Get Help with Your Appeal
You do not have to go through the process alone. Citizens Advice offers detailed guidance on challenging a DLA decision and can help you understand the steps involved. Contact, the charity for families with disabled children, provides specific support for parents who are appealing DLA for their child. Their resources include practical advice on what to include in your appeal and how to address common refusal reasons, such as the “conscious choice” issue for the mobility component.
Local welfare rights advisers or disability organisations may also offer free or low-cost help. Some parents choose to work with a specialist benefits adviser who can review their evidence and prepare the appeal paperwork. Whichever route you take, ensure that the person helping you understands the DLA system and the specific needs of children with SEND.
Frequently Asked Questions
How long does the DLA appeal process take?
The timeline varies depending on the complexity of your case and the current workload of the tribunal service. From the date you lodge your appeal, it can take several months to receive a hearing date. After the hearing, the tribunal’s decision is usually sent to you within a few weeks.
Can I submit new evidence during the appeal?
Yes, you can provide new evidence at any point before the tribunal makes its decision. It is advisable to submit it as early as possible so the tribunal panel has time to review it. New evidence could include updated medical reports, school records, or a detailed care diary.
What happens if I miss the one-month deadline for mandatory reconsideration?
You can still request mandatory reconsideration up to 13 months after the original decision date, but you must provide a good reason for the delay. The DWP will decide whether to accept the late request. If they refuse, you may still be able to appeal directly to the tribunal in some circumstances.
Will my child have to attend the tribunal hearing?
No, your child does not usually need to attend. The tribunal panel makes their decision based on the evidence you provide and your explanations of your child’s needs. If you feel it would help, you can ask for permission for your child to attend, but it is not expected.
Can the tribunal reduce my child’s DLA award?
Yes, it is possible that an appeal could result in a lower award or no award at all. This is why it is important to only appeal if you genuinely believe the original decision was wrong. Despite this risk, many parents find that the tribunal gives a fairer assessment of their child’s needs.
Final Thoughts
A refused DLA claim does not always mean your child is not eligible. It may mean the form did not fully explain the extra care, supervision, prompting, safety concerns or mobility needs your child has compared with another child of the same age. Before challenging the decision, it can help to review our DLA for Children guide and our guide on how to apply for Disability Living Allowance for your child to check whether key information was missed. If you are asking the DWP to look again, read our DLA Mandatory Reconsideration for Children guide. If the case progresses further, our DLA Tribunal for Children guide explains what to expect at a hearing, and our DLA Application Support for Children service can help you strengthen your evidence and next steps.