DLA Mandatory Reconsideration for Children: How to Challenge a Refusal
Receiving a refusal for Disability Living Allowance (DLA) for your child can feel disheartening, especially when you know they need extra care and support. The good news is that a refusal is not the final word. The first official step to challenge a DLA decision is to ask for a mandatory reconsideration. This is a formal review of your child’s claim by the Department for Work and Pensions (DWP). While the process takes time and patience, many families successfully overturn a refusal at this stage.
What Is a Mandatory Reconsideration for DLA?
A mandatory reconsideration is the required first step before you can appeal a DLA decision to an independent tribunal. When you request it, the DWP will look again at your child’s claim and consider any new information you provide. You can ask for a mandatory reconsideration whether you think the decision was wrong about the rate your child was awarded or whether the claim was refused entirely. The key test for DLA for children remains whether your child needs substantially more help than other children of the same age.
The DWP will not automatically reopen the case. You must actively request a mandatory reconsideration, and you must do so within a strict time limit. If the DWP changes the decision after the review, any DLA payment is backdated to the date of the original claim.
Deadlines for Requesting a Mandatory Reconsideration
You have one month from the date on the decision letter to ask for a mandatory reconsideration. This deadline is strict, but there is room for flexibility. If you have a good reason for missing the one-month window, you can request a mandatory reconsideration up to 13 months after the decision date. Reasons might include serious illness, bereavement, or other exceptional circumstances. The original decision letter will state clearly whether the decision can be reconsidered at all – some decisions cannot be reviewed, and the letter will tell you this.
Because the clock starts ticking from the date on the letter, it is a good idea to begin gathering your evidence as soon as you receive the decision. Even if you think you might miss the one-month deadline, do not delay – you can still ask for an extension with a valid explanation.
How to Request a Mandatory Reconsideration for Your Child
There are two main ways to ask for a mandatory reconsideration: by phone or in writing. The DLA Helpline number is 0800 121 4600. You can call and tell them you want a mandatory reconsideration. However, it is strongly recommended that you follow up your call in writing. A telephone conversation can be forgotten or misrecorded, and having a written record protects you if there is any dispute later.
The recommended written method is to use the CRMR1 form, which is available on GOV.UK. This form is designed specifically for mandatory reconsideration requests. You can also write a letter, as long as it includes your child’s name, National Insurance number, the date of the decision, and a clear statement that you are asking for a mandatory reconsideration.
Using a structured letter tool can make a real difference. Research from Advicenow, a legal information charity, shows that using their DLA mandatory reconsideration letter tool more than doubles your chance of success at this stage. The tool guides you through what to include and helps you explain how your child’s needs meet the DLA criteria. It was last updated in January 2026, so it reflects current practice.
What Evidence to Include
The DWP will reconsider your child’s claim based on the information you already provided, plus any new evidence you submit. This is your opportunity to fill gaps from the original application. Focus on explaining how your child needs substantially more care or supervision than another child of the same age. Specific, real-life examples are powerful. For instance:
- Describe how your child’s condition affects daily activities like washing, dressing, eating, or using the toilet.
- Explain any supervision you provide during the day or night to keep them safe.
- Include medical reports, letters from health visitors, GP summaries, or statements from specialists such as paediatricians or occupational therapists.
- If your child has an Education, Health and Care Plan (EHCP) or is undergoing assessments for autism or ADHD, include relevant extracts that describe the level of support needed.
Keep copies of everything you send. The DWP does not have a specific timescale for deciding a mandatory reconsideration – it can take several months. Be prepared to wait, but stay proactive. You can contact the DLA Helpline to check progress.
What Happens After the Mandatory Reconsideration
Once the DWP has reviewed your case, they will send you a mandatory reconsideration notice. This comes as two copies. The notice will tell you whether the decision has changed. If the DWP agrees to increase or award DLA, the payments will be backdated to the date of your original claim. This can mean a welcome lump sum for expenses related to your child’s care.
If the decision remains unchanged, do not lose hope. You still have the right to appeal to an independent tribunal. In fact, 90% of people who use Advicenow’s free resources win at the appeal stage. The mandatory reconsideration is a necessary step before you can lodge an appeal, but a refusal at this stage does not mean you cannot succeed later.
Risks to Be Aware Of
It is important to understand that a mandatory reconsideration is not without risk. There is a possibility that the DWP could reduce your existing award. This is rare, but it can happen if the review uncovers information that suggests the original decision was too generous. For most families, the risk is low, but you should be aware of it before you proceed. If your child already receives a low rate and you are hoping for a higher rate, the potential gain usually outweighs the risk. If you are concerned, you can seek advice from a specialist benefits adviser.
When to Get Professional Help
You do not need a solicitor to request a mandatory reconsideration, but expert guidance can increase your confidence and chances. Contact, the charity for families with disabled children, offers a free helpline on 0808 8083555 for advice on children’s benefits. Their advisers can help you decide whether to challenge a decision and what evidence to gather. Citizens Advice and local parent forums are also good sources of free, reliable support.
If you are already working with a SENCO, health visitor, or other professional involved in your child’s care, ask them to write a supporting letter. Their professional opinion carries weight with the DWP.
Next Steps If the Mandatory Reconsideration Fails
If the DWP upholds the original decision, the mandatory reconsideration notice will include instructions on how to appeal. You must normally appeal within one month of the date of the mandatory reconsideration notice. The appeal goes to the HM Courts and Tribunals Service, which is independent of the DWP. At an appeal hearing, you can present your case in person or in writing. Many families find the tribunal process more fair and thorough than the initial DWP review.
Given the high success rates at appeal when using structured resources, it is well worth pursuing if you believe your child qualifies. Do not be put off by the time it takes – persistence often pays off for families whose children have genuine needs.
Key Points to Remember
- Act promptly: request mandatory reconsideration within one month of the decision letter.
- You can request up to 13 months later if you have a good reason.
- Call the DLA Helpline on 0800 121 4600, but always follow up in writing.
- Use the CRMR1 form or a structured letter tool like Advicenow’s to improve your chances.
- Provide clear, specific examples of how your child needs substantially more help than other children of the same age.
- The DWP has no fixed timescale for responding; it can take months.
- If the decision is changed, DLA is backdated to the original claim date.
- If mandatory reconsideration fails, you can appeal – and success at appeal is common with good preparation.
Frequently Asked Questions
Can I request a mandatory reconsideration by phone only?
You can call the DLA Helpline at 0800 121 4600 to request a mandatory reconsideration, but it is always best to follow up in writing. A verbal request may not be properly recorded, and a written record gives you proof of when you asked. Use the CRMR1 form or a letter for a clear paper trail.
What counts as a good reason for missing the one-month deadline?
Good reasons might include serious illness, a hospital stay, bereavement of a close family member, or caring responsibilities that prevented you from responding. The DWP considers each case individually. You should explain your circumstances clearly when requesting an extension. You can ask for up to 13 months from the decision date.
Will a mandatory reconsideration affect my child’s other benefits?
DLA can affect other means-tested benefits such as Income Support or Universal Credit if it changes your total household income. However, the mandatory reconsideration process itself does not automatically trigger a review of other benefits. If your child’s DLA award changes, you should inform any relevant benefit offices.
How long do I wait after asking for a mandatory reconsideration?
The DWP does not have a set timescale for mandatory reconsiderations. Some are resolved in a few weeks, but it can take several months. If you have not heard anything after eight weeks, you can call the DLA Helpline to check on progress. Patience is important, but you can also consider escalating if there is an unreasonable delay.
Challenging a DLA refusal for your child can feel like an uphill battle, but you are not alone. Thousands of families go through this process each year, and many succeed at the mandatory reconsideration stage or later at appeal. By understanding the rules, gathering strong evidence, and using the free tools and helplines available, you give your child the best chance of receiving the support they are entitled to. Take it step by step, and do not hesitate to ask for help along the way.
Final Thoughts
A DLA mandatory reconsideration is your opportunity to explain clearly why the decision should be looked at again. The strongest challenges usually focus on the gap between what the decision maker understood and what your child’s day-to-day care, supervision, prompting, safety or mobility needs actually look like. Before sending your request, it may help to review our DLA for Children guide and our step-by-step guide on how to apply for Disability Living Allowance for your child so you can check whether anything important was missed. You may also find our article on common mistakes when claiming DLA for a child with ADHD or autism useful when strengthening your reconsideration. For tailored help reviewing the refusal and preparing clearer evidence, explore our DLA Application Support for Children service.
One Response