Attendance Allowance Refused: Mandatory Reconsideration and Appeal Steps

Read the Decision Letter First

A refusal letter — or an award at the Lower Rate when you expected Higher — should explain exactly which statutory conditions the decision maker found you did not meet. Before you do anything else, read this explanation carefully.

The decision maker tests two things: the Day Condition (frequent help with personal care or continual supervision during the day) and the Night Condition (prolonged or repeated help or watching-over at night). The letter will tell you which one was not accepted and, usually, why.

Common reasons for refusal include: care needs were not described in enough functional detail, the form focused on diagnoses rather than what help is needed, the six-month qualifying period had not been met, or the night section was left too brief to establish the night condition.

Step 1: Mandatory Reconsideration

You usually need to request a Mandatory Reconsideration (MR) before you can appeal. The deadline is one month from the date of the decision. You can ask for an MR after one month if you have a good reason for the delay. You can request one by phone, letter or form.

Your MR request should:

• Identify the specific error. Tell the DWP which condition you believe was wrongly assessed and why. "I disagree with the decision" is not enough — you need to explain what the decision maker got wrong.
• Add new evidence. If the original form lacked detail, now is the time to supply it. A GP letter confirming night-time care needs, a carer's statement describing specific incidents, or a seven-day care diary can all shift the outcome.
• Reference the form. Point back to sections of the AA1 where you described care needs that you believe the decision maker overlooked or misunderstood.

The DWP assigns a different decision maker to review the case. They look at the original evidence plus anything new you have submitted, and issue a Mandatory Reconsideration Notice — either changing the decision or upholding the original.

Step 2: Appeal to the Tribunal

If the Mandatory Reconsideration upholds the refusal (or the wrong rate), you have the right to appeal to the independent First-tier Tribunal. In Great Britain, this is the Social Security and Child Support Chamber administered by HMCTS; in Northern Ireland, it is the Appeals Service.

The deadline is one month from the date on the MR Notice. You lodge the appeal using Form SSCS1 (in Great Britain) or Form NOA1(SS) in Northern Ireland. The form is straightforward — it asks for your details, the decision you are challenging, and why you disagree.

The tribunal is fully independent of the DWP. It is a fresh hearing — the panel looks at all the evidence from scratch, not just what the DWP considered. You can attend in person, by phone, by video, or request a paper hearing where the panel decides on the documents alone.

An Attendance Allowance appeal must include a tribunal judge and a medical member.

What Happens at the Tribunal

If you attend, the panel will ask you about your daily routine, your care needs, and how your condition affects you day and night. They are not trying to catch you out — they are gathering the information they need to apply the statutory test.

You can bring a friend, family member, or representative for support. Free advice and support are available through Citizens Advice, Advicenow and local advisers listed on Advicelocal. The tribunal can also arrange reasonable adjustments — a home hearing or an interpreter. You or your representative can request an audio recording within 18 months of the hearing.

Practical Points

• Attendance Allowance continues to be paid during an MR or appeal if you already have an award.
• If you were refused entirely and are waiting for the MR or appeal, no payment is made during the dispute — but if the decision is overturned, arrears are paid back to your original claim date.
• In Great Britain, you can ask for an MR after one month if you have a good reason. If you appeal after the one-month deadline, you must explain why and your appeal might not be accepted. In Northern Ireland, you must explain why a benefit appeal is late. Do not rely on late acceptance — act within the deadlines.

The Attendance Allowance Claim Guide covers the decision process in detail, including how to decode the decision letter and where to find free help with a challenge.

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