DLA mandatory reconsideration for a child: how to challenge a decision
If you think the decision on your child's Disability Living Allowance (DLA) is wrong, the first step is to ask the DWP to look at it again. This is called mandatory reconsideration. It is free, and you usually need to ask within one month of the date on the decision letter.
On this page
What mandatory reconsideration is
Mandatory reconsideration (MR) means asking the office that made the decision to look at it again. GOV.UK lists DLA as one of the benefits it covers. You can ask if you think they made a mistake or missed important evidence, if you disagree with the reasons or if you simply want the decision looked at again. In most cases you have to go through MR before you can appeal to a tribunal.
One thing to know before you start: someone looks at your whole claim again, not just the part you disagree with. GOV.UK says the benefit may stop, stay the same, increase or decrease. So read the full decision first, for both the care and the mobility parts, and be clear about what you think is wrong.
If you do not understand the reasons, call the number on the decision letter and ask them to explain. You can also ask for a written explanation, called a written statement of reasons. If you do, GOV.UK says you must then ask for MR within 14 days of the date on that statement.
The deadline and late requests
Ask within one month of the date on the decision letter. If you write or send the form, it must arrive by then, so post it early or phone first.
A later request can be accepted if you have a good reason, for example a stay in hospital or a bereavement. You must explain why you are late. There is also an outer limit in the regulations: a late request has to be made within 13 months of the date you were told about the decision, and there must be special circumstances that made it impractical to ask in time. Do not rely on this. Ask as soon as you can.
How to ask: phone, letter or form CRMR1
Contact the office that gave you the decision. Its details are on the decision letter. You can ask:
- by phone: form CRMR1 itself says a phone request is looked at in exactly the same way;
- by letter: this gives you a record of what you said;
- on form CRMR1: it is on GOV.UK under the title "Challenge a decision made by the Department for Work and Pensions (DWP)". The current version is dated 01/26 and comes with notes, CRMR1A.
Give the date of the decision and the name, address, date of birth and National Insurance number asked for. Then explain which part of the decision is wrong and why.
As your child's parent or legal guardian you do not need a signed authority to act for them. The CRMR1 notes list this as one of the cases where no authority is needed, and the form has a section for a parent, carer or relative filling it in for the claimant.
If you phone, write down the date, the time and who you spoke to. It can help to follow up with your reasons in writing so nothing is missed.
Set out your reasons clearly, free
Our free MR letter generator helps you write your mandatory reconsideration letter part by part, for the care component and the mobility component. You can send it or use it as notes for the phone call.
How to write your reasons
GOV.UK advises you to understand the reason for the decision before you ask, because that helps you explain why you disagree. A good request answers the decision point by point.
- Say what you are asking for. Name the decision and its date. Say which part you disagree with (care, mobility or both) and which rate you think fits.
- Go part by part. Take care and mobility separately. For care, cover the day and the night. On the DLA form, night means when everyone in the house is in bed.
- Compare with children the same age. For a child under 16 the question is whether they need much more help or supervision than a child of the same age without a disability. Describe what your child needs that other children their age do not.
- Be specific. How often, how long each time, what happens if help is not there. For example: "She wakes three times most nights and needs about 20 minutes each time to settle after a seizure."
- Answer what the decision relied on. If the letter relies on something written on the form or in a report, say what is wrong or missing.
- Point to your evidence. Link each point to a letter, report or diary entry.
Keep it calm and factual. You do not need legal words, just a clear picture of your child's real day and night. Our care diary can help you collect the details.
Evidence: what to send and what to leave out
GOV.UK says to only include evidence you have not already sent. Useful evidence can include new medical evidence and reports or care plans from specialists, therapists or nurses. For a child, a statement from the school, nursery or SENCO can show what they need in the day: our free school statement template makes this easier to ask for.
- Write the claimant's full name, date of birth and National Insurance number at the top of each piece.
- Do not send general factsheets about a condition, appointment cards or letters about tests that are still to come.
- You cannot claim back the cost of evidence you pay for.
Our evidence tracker helps you see what you have sent and what is still to come. When the office has looked again, you should receive a letter called a mandatory reconsideration notice. It says whether the decision has changed, the reasons and the evidence it was based on. Keep it safe.
After the decision: appealing to a tribunal
If you still think the decision is wrong, you can appeal to the Social Security and Child Support Tribunal. It is independent of government, a judge listens to both sides and it is free to appeal.
- Appeal within one month of the date of the mandatory reconsideration notice. You cannot appeal before you have that notice.
- Appeal online or by post on form SSCS1. You need the notice when you apply.
- You choose whether to go to the hearing. If you do not attend, the appeal is decided on your form and evidence.
- Anyone can be your representative, including a friend or family member.
If you start an appeal after a month you have to explain why, and it might not be accepted. The tribunal rules do not allow the time limit to be stretched by more than 12 months. The benefit appeals helpline for England and Wales is 0300 123 1142, Monday to Friday, 9am to 4pm.
Northern Ireland
In Northern Ireland, DLA for children is run by the Department for Communities. The steps are similar but the forms differ:
- Ask for mandatory reconsideration on form MR2(NI) within one month of the date of the decision letter. If you are later than that, say why.
- Appeal to the Appeals Service (NI) within one month of the date on the mandatory reconsideration notice. You can appeal online or on form NOA1(SS), which you can download or request.
- The Appeals Service: PO Box 2202, Belfast BT1 9YJ, phone 028 9054 4000.
Scotland: redetermination
Children in Scotland get Child Disability Payment from Social Security Scotland, not DLA, and the challenge process has a different name. You ask for a redetermination. The law gives you 42 days from the day you are told about your right to ask, and Social Security Scotland then has 56 days to decide again. After that you can appeal to the First-tier Tribunal for Scotland. Check the current steps on mygov.scot. Our guide to DLA and Child Disability Payment explains the differences.
Frequently asked questions
How long do I have to ask for a DLA mandatory reconsideration?
Usually one month from the date on the decision letter. If you write, your letter or form must arrive by then. A later request can be accepted with a good reason, and the regulations set an outer limit of 13 months from when you were told about the decision.
Can a mandatory reconsideration lower my child's DLA?
It can. GOV.UK says the whole claim is looked at again and the benefit may stop, stay the same, increase or decrease. Read the full decision before you ask.
Do I have to use form CRMR1?
No. You can ask by phone, by letter or on form CRMR1. The form says a phone request is looked at in exactly the same way.
Do I need a signed authority to ask for my child?
No. The CRMR1 notes say no signed authority is needed when you are the claimant's parent or legal guardian.
How long do I have to appeal after the mandatory reconsideration notice?
One month from the date of the notice. In England and Wales you appeal to the Social Security and Child Support Tribunal, online or on form SSCS1. In Northern Ireland you appeal to the Appeals Service (NI).
- GOV.UK: Challenge a benefit decision (mandatory reconsideration)
- GOV.UK: Challenge a decision made by the DWP (form CRMR1 and notes)
- GOV.UK: Appeal a benefit decision
- GOV.UK: Form SSCS1
- legislation.gov.uk: Decisions and Appeals Regulations 1999, regulation 4
- legislation.gov.uk: Tribunal Procedure Rules 2008, rule 22
- nidirect: Mandatory reconsideration request (MR2(NI))
- nidirect: Appeal a benefits decision
- legislation.gov.uk: Child Disability Payment Regulations 2021, regulation 37
- mygov.scot: Disagree with a decision
This guide is general information, not legal advice. The DWP decides every claim.