Attendance Allowance for Dementia Turned Down: What to Do Next

Getting a refusal letter after spending weeks filling in the Attendance Allowance form for someone with dementia is frustrating and demoralising. It does not mean the person does not qualify. In many cases, the problem is how the care needs were described on the form rather than whether those needs exist. Here is what to do next.

Read the Decision Letter Carefully

The decision letter sets out why the claim was refused or awarded at the lower rate instead of the higher rate. Look for:

• Which test was not met — daytime attention, daytime supervision, night-time attention, or night-time watching over
• Whether the decision-maker acknowledged the dementia diagnosis
• Any statement that the person "does not require frequent attention" or "the evidence does not show continual supervision"

These statements tell you exactly where the form fell short. The most common reasons for dementia claim refusals are:

Needs described too vaguely. "She needs help with personal care" does not meet the threshold. "She cannot sequence the steps of washing without verbal prompting four times each morning" does.

Night needs omitted or understated. Carers who have adapted to broken sleep often write "he sometimes wakes" when the reality is multiple disruptions every night. If the night section was brief, that explains a lower-rate award.

No supporting evidence. The form alone may not have been enough. A GP letter, memory clinic report, or care plan adds independent weight.

Request a Mandatory Reconsideration

In England, Wales, and Northern Ireland, the first formal challenge is a Mandatory Reconsideration. In England and Wales, you usually have one month from the date on the decision letter; you can ask DWP to accept a late request if you have a good reason. In Northern Ireland, request it within one calendar month; if you request it late, give DfC reasons for the delay, as the time limit can be extended up to 13 months in certain circumstances. Contact the department that made the decision by phone or in writing and say that you want a Mandatory Reconsideration of the Attendance Allowance decision.

In your request:

1. Address each reason for refusal directly. If the letter says night needs were not demonstrated, write a detailed account of what happens on a typical night with specific times, frequencies, and durations.

2. Add new evidence. If you did not include a GP letter, care plan, or memory clinic report with the original claim, gather it now and submit it with the reconsideration request.

3. Describe worst days, not just typical days. The decision-maker should consider the full range of the person's needs, including the days when confusion and agitation are at their worst.

The Scottish Route: Re-Determination

If the claim was for Pension Age Disability Payment (PADP) in Scotland, the challenge process is called a Re-determination. You have 42 calendar days from the decision to request one. Social Security Scotland must complete it within eight weeks — if they miss that deadline, you gain an automatic right to appeal.

Appeal to the Tribunal

If the Mandatory Reconsideration (or Scottish Re-determination) upholds the original decision, the next step is an appeal to the First-tier Tribunal. In England and Wales, you lodge Form SSCS1 with HM Courts & Tribunals Service within one month of the Mandatory Reconsideration Notice. In Northern Ireland, appeals go to the Appeals Service. In Scotland, appeals go to the Social Security Chamber of the First-tier Tribunal for Scotland.

The tribunal is independent from the DWP and Social Security Scotland. It conducts a fresh assessment of the evidence, and in many cases the outcome differs from the original decision.

Free Help With Challenges

You do not need to pay a claims company or solicitor to challenge a decision:

• Citizens Advice provides free help preparing Mandatory Reconsideration requests and tribunal appeals
• Age UK / Age Scotland / Age NI offer benefits advice services
• Alzheimer's Society has a helpline and local advisers
• Welfare rights services run by local councils provide specialist support

If you are preparing a new claim or a reconsideration, our dementia claim guide covers how to describe cognitive care and supervision needs in terms that match what decision-makers are looking for.

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