Child DLA Refused: Mandatory Reconsideration and Appeal Explained

A refusal is not the final word

Around 84% of child DLA claims are awarded at the initial decision stage — but that still leaves a meaningful number of families receiving a refusal letter or an award at a lower rate than expected. If your child's claim has been turned down or under-awarded, there are two formal challenge routes, and the statistics suggest they're worth pursuing.

Step 1: Mandatory Reconsideration

Before you can appeal to a tribunal, you must first request a Mandatory Reconsideration (MR) from the DWP. This is a formal review of the original decision by a different decision-maker.

The deadline is strict: your request must reach the DWP within one calendar month of the date on the decision letter. Late requests can be accepted up to 13 months after the decision notice — longer if you requested a written statement of reasons within the first month — if the application has merit, special circumstances prevented a request within one month, and it is reasonable to extend the time limit. The later the request, the more compelling the circumstances need to be.

How to request it: Submit form CRMR1 or write a detailed letter explaining:

• Which parts of the decision you disagree with and why
• What evidence the original decision-maker may have overlooked or misinterpreted
• How your child's daily care, supervision, or mobility needs meet the statutory criteria for a higher rate

Attach any evidence that wasn't in the original claim — a care diary you've kept since the decision, a new medical letter, an updated school report. The more specific you can be about where the decision went wrong, the stronger your reconsideration request.

What happens during reconsideration

A different decision-maker reviews your entire case from scratch, including the new evidence. They can increase the award, keep it the same, or (rarely) reduce it. You'll receive a Mandatory Reconsideration Notice explaining the outcome and the reasons.

Statistics show that around 26% to 43% of disability benefit reconsiderations are revised in the claimant's favour — though the exact rate for child DLA specifically can vary.

Step 2: Appeal to the First-tier Tribunal

If the Mandatory Reconsideration doesn't change the outcome, you can appeal to an independent tribunal. This is a completely separate process from the DWP — hearings are run by HM Courts & Tribunals Service (HMCTS) in England and Wales, or the Appeals Service (TAS) in Northern Ireland.

The deadline: Lodge your appeal within one month of the Mandatory Reconsideration Notice date.

How to appeal: Submit form SSCS1 by post or through the HMCTS online portal (England and Wales) or form NOA1 (SS) to the Appeals Service (Northern Ireland).

What happens at the hearing: A judge and one or two experts decide the case; who the experts are depends on the benefit. You can bring a representative (a welfare rights adviser, for example) and present any new evidence, including updated care diaries and medical reports.

For DLA appeals cleared at a hearing in April to June 2026, 59% were decided in the claimant's favour. Attending gives you an opportunity to explain your appeal and answer questions from the judge or experts.

Free help with challenges

You don't need to pay a solicitor or claims company to challenge a decision. Free support is available from:

• Citizens Advice — can help draft your MR letter and represent you at tribunal
• Advicenow — publishes step-by-step interactive guides for both MR and tribunal appeals
• Contact (0808 808 3555) — specialist advice for families with disabled children
• Disability Rights UK — benefits guides and independent advocacy

Welfare rights services run by local councils may also offer free tribunal representation.

Challenge with confidence

The Child DLA Claim Guide includes a mandatory reconsideration checklist and a decision-letter breakdown tool to help you identify exactly where the DWP's reasoning falls short. Free help with challenges is always available from Citizens Advice and Contact.

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