Attendance Allowance refused: what to do next

A refused Attendance Allowance claim is often the start of the process, not the end of it. You have one month from the decision letter to ask the DWP for a mandatory reconsideration — a formal second look — and if that fails, one month more to appeal to an independent tribunal, where a large share of benefit appeals succeed. Most refusals happen because the form undersold the real situation, and that is fixable.

This guide walks through each stage: reading the decision letter, getting the reconsideration right, and what a tribunal is actually like.

This guide is general information, not financial or legal advice. For advice about your own situation, speak to a regulated professional, or a free service such as Citizens Advice or Age UK.

Why do genuine claims get refused?

The DWP can only assess what is written down, and five form failures account for most wrongly refused claims:

1. The form described a good day. Conditions fluctuate; the form was filled in on a morning when things were manageable, so the DWP assessed a person who barely exists.
2. Needs were framed as coping. “She manages”, “he doesn’t like a fuss”, “we get by” — the three phrases that sink genuine claims. Managing with difficulty is a care need, not the absence of one.
3. Night-time needs were missing. The most under-answered section on the form, and often the difference between an award and a refusal — or between the lower and higher rate.
4. No supporting detail. Answers said help was needed but not how often, how long it takes, or what happens without it.
5. Conditions were listed without consequences. A diagnosis on its own scores nothing. “Arthritis” tells the DWP little; “cannot grip the taps or fasten buttons, so needs help washing and dressing every morning” tells them everything.

If several of those describe your parent’s form, take heart: the claim was probably undersold, not wrong. Our form walkthrough shows what strong answers look like — useful reading before you challenge the decision.

What does the decision letter actually tell you?

Don’t skim it and file it. The letter sets out what the DWP decided about daytime needs, night-time needs and supervision, and why. Read it next to your copy of the claim form and ask one question: where does this differ from a normal day in my parent’s life?

Those gaps are your case. If the letter says “you do not need supervision” and your mother left the hob on twice last month, that is the exact point your reconsideration should answer — with the incidents, the dates and the consequences.

If anything in the letter is unclear, you can call the DWP and ask for a written statement of reasons. Note the date on the letter first: the one-month clock is running.

How do you ask for a mandatory reconsideration?

A mandatory reconsideration is a formal request for the DWP to look at the decision again, and it is the required first step — you cannot go straight to a tribunal. To ask:

• Within one month of the date on the decision letter. Late requests are sometimes accepted if there is a good reason, but treat the month as firm.
• By phone or in writing. Call the number on the decision letter, or write to the address on it. There is an optional form, CRMR1, on gov.uk — a clear letter works just as well. Put the request in writing, or follow up a call in writing, so there is a record.
• Say specifically what the decision got wrong. Go point by point through the letter’s findings, and add what the form missed — night-time needs, supervision, fluctuating bad days.
• Attach new evidence (see below). A reconsideration that just says “please look again” usually gets the same answer.

The outcome arrives as a mandatory reconsideration notice — two copies, because you need one to appeal.

What is the tribunal actually like?

If the reconsideration doesn’t change the decision, you can appeal to the First-tier Tribunal (Social Security and Child Support). Two things worth knowing straight away: the tribunal is completely independent of the DWP, and a large share of the benefit appeals that reach it succeed.

• Deadline: one month from the date on the mandatory reconsideration notice.
• How: online via Appeal a benefit decision on gov.uk, or by posting form SSCS1. You’ll need the reconsideration notice.
• The hearing: a small panel, usually including a judge and a doctor, in an ordinary room — no wigs, no cross-examination. You can attend in person, by phone or by video, and your parent can have someone with them. Most of the hearing is simply the panel asking what a normal day looks like, and most of your job is telling the truth about it.
• The decision is often given on the day, and a successful appeal is backdated to the original claim.

What evidence actually moves decisions?

At both stages, the same things carry weight:

• A care diary. One or two weeks of dated notes: every prompt, every steadying arm, every 2am trip to the toilet, every meal skipped. Nothing paints a truer picture.
• A GP summary or medication list, showing the conditions and treatment.
• Specific incidents with dates. Falls, missed or doubled medication, a scorched pan, getting lost — consequences are what the tribunal weighs.
• A short statement from someone who sees the daily reality: a family member, neighbour, carer or friend.

You do not need an expensive medical report. Honest, specific, dated detail from the people who are actually there wins these cases.

Should you appeal or just reapply?

Almost always, challenge the decision rather than starting again. An appeal protects the original claim date — win, and payment is backdated to it. A fresh claim restarts everything from a later date, and if nothing about the form changes, it invites the same refusal.

The exception is where your parent’s needs have genuinely increased since the original claim. Then it can make sense to appeal the old decision and make a new claim reflecting the new needs — get advice before choosing, because the right move depends on the dates.

Where can you get free help?

You don’t have to do any of this alone. Citizens Advice and Age UK both help with reconsiderations and appeals free of charge, and many councils run welfare rights services that do the same. The complete Attendance Allowance guide covers the claim itself, and for dementia claims — where supervision needs are the part forms most often undersell — see what to write for a dementia claim.

While you wait for the outcome, it’s worth checking what else your parent may be entitled to: run the free benefits check — a refusal on one benefit says nothing about the others.