What happens when you appeal Attendance Allowance
When the Department for Work and Pensions (DWP) turns down your Attendance Allowance claim or awards you a lower rate than you expected, you can ask them to look at the decision again. An appeal means the DWP will review the evidence you provide and reconsider whether you meet the rules for the benefit. The process has specific steps, strict timelines, and different stages — understanding which stage you are at and what to send matters more than speed.
You have one month from the date on the decision letter to ask for a mandatory reconsideration. This is not optional — you must request it before you can move to a tribunal. The DWP will then look at your case a second time, usually within four weeks, and either uphold the original decision or change it. If they still say no, or if you disagree with the new decision, you can then appeal to an independent tribunal.
Key Takeaways
- You must request mandatory reconsideration within one month of the decision letter, or you lose the right to appeal to a tribunal.
- Send your reconsideration request in writing to the address on your decision letter, with any new evidence about your care needs and how your condition affects you daily.
- The DWP will respond within four weeks; if they refuse again, you can then appeal to the First-tier Tribunal (Social Entitlement Chamber).
- At tribunal, you can present evidence, answer questions, and have a representative speak for you — many people win cases that the DWP initially refused.
- You do not pay a fee to appeal, and you can ask for help from a free information service or representative throughout the process.
Requesting mandatory reconsideration
Write to the DWP office that made the decision. The address is on your decision letter — do not send it to a general DWP address. Include your National Insurance number, the date of the decision you are challenging, and a clear statement that you want mandatory reconsideration. You do not need to use special language or a form; a letter or email will do.
Attach any new evidence that shows why the decision was wrong. This might be a letter from your doctor describing your care needs, a diary of your daily routine, a letter from someone who helps you, or medical reports you did not send with the original claim. The DWP will look at what you originally sent plus what you send now, so include anything that strengthens your case. Keep a copy of everything you send and note the date you posted or emailed it.
The DWP must respond within four weeks. They will either change the decision in your favour, refuse again with a new explanation, or sometimes ask for more information. If they refuse, they will send you a new decision letter that explains why and tells you how to appeal to the tribunal.
What to include in your reconsideration request
Focus on the specific reasons the DWP gave for refusing you. If they said you do not need help with personal care, explain in detail what help you actually need — getting washed, dressed, using the toilet, preparing food. If they said your condition is not severe enough, describe how it affects you on a bad day and a good day. Be concrete: not "I struggle with mobility" but "I cannot walk more than 20 metres without stopping to rest, and I need someone to help me get out of bed because my legs give way."
Medical evidence carries weight. A letter from your GP, specialist, or nurse saying what your diagnosis is, how it affects your daily functioning, and what care you need is stronger than your own account alone. If you have had hospital appointments, test results, or prescriptions since you first claimed, include those too. The DWP may not have seen them.
Statements from people who know you — a family member, carer, friend, or social worker — can show how your condition looks to someone else. They should describe what they see you struggle with and what help they give you. A signed, dated statement is better than a phone call.
Moving to tribunal if the DWP refuses again
If mandatory reconsideration does not change the decision, the DWP's letter will tell you that you can appeal to the First-tier Tribunal (Social Entitlement Chamber). You have one month from that letter to lodge your appeal. Send it to the tribunal office address given in the letter, not back to the DWP.
Your appeal form should state clearly that you disagree with the DWP's decision and briefly say why. You do not need to write a long explanation at this stage — you can do that later. Include your National Insurance number, the date of the decision, and your contact details. The tribunal will then send you a hearing date, usually four to eight weeks away, though this varies by region and how busy the tribunal is.
Before the hearing, send the tribunal any evidence you want them to see — medical letters, your diary, statements from carers, photographs if relevant. Send it at least two weeks before the hearing so the judge has time to read it. You can also send a written statement explaining your case if you prefer not to speak in person, though many people find it helps to attend and answer questions.
What happens at the tribunal hearing
A judge and usually one other panel member will listen to your case. You can attend in person, by video call, or by telephone — tell the tribunal which you prefer when you get the hearing date. You can bring someone with you: a friend, family member, representative from a charity, or a solicitor. You do not pay them unless you hire a solicitor privately; many charities and information services send representatives for free.
The judge will ask you questions about your care needs, your daily routine, and how your condition affects you. Answer honestly and in detail — this is your chance to explain what the DWP may have misunderstood. The DWP may send a representative to argue their case, and you can ask them questions. The judge will then decide whether you meet the rules for Attendance Allowance and at what rate.
The tribunal's decision is binding on the DWP. If you win, they will backdate your benefit to the date you first claimed, or to the date the original decision was made if you were already receiving a lower rate. If you lose, you can ask the tribunal for permission to appeal their decision to the Upper Tribunal, but only on a point of law — not straightforward because you disagree with the outcome.
Getting help with your appeal
You do not have to do this alone. Free information services can help you gather evidence, write your reconsideration request, and represent you at tribunal. Citizens information has local offices and a telephone service. Age UK specialises in cases involving older people. Disability Rights UK and local disability information centres can advise on specific conditions. Law Centres in some areas offer free legal help. All of these services are free and do not depend on how much money you have.
Your local council's welfare rights service, if it has one, can also help. Some charities related to your specific condition — such as Arthritis Action, the MS Society, or the Stroke Association — offer support with appeals. Ask your GP or local hospital if they know of services in your area.
If you hire a solicitor privately, they usually charge a fee, but some work on a "no win, no fee" basis for tribunal cases. Ask about costs upfront. You can claim back some legal costs from the DWP if you win at tribunal, though the amount is usually small.
Timeline and what to expect
The whole process from decision letter to tribunal hearing typically takes four to six months, though it can be faster or slower depending on how quickly you send evidence and how busy the tribunal is. Each stage has a strict important date, and missing one closes the door unless you can show the DWP or tribunal that you had a good reason for the delay.
| Stage | Time allowed | What happens |
|---|---|---|
| Mandatory reconsideration request | One month from decision letter | You write to DWP asking them to look again |
| DWP responds | Up to four weeks | They change decision, refuse again, or ask for more information |
| Tribunal appeal | One month from reconsideration decision letter | You send appeal form to tribunal office |
| Tribunal hearing | Usually four to eight weeks after appeal received | Judge hears your case and makes a decision |
Do not delay at any stage. The one-month important date for mandatory reconsideration and the one-month important date for tribunal appeal are firm unless you have a documented reason for missing them — illness, bereavement, or not receiving the letter. If you miss either, contact the DWP or tribunal when ready and explain why.
Frequently Asked Questions
What if I miss the one-month important date for mandatory reconsideration?
You lose the right to appeal to a tribunal unless you can convince the DWP that you had a good reason for the delay — for example, you were in hospital or did not receive the decision letter. Write to the DWP when ready explaining why you are late and ask them to accept your reconsideration request anyway. They may agree, but they do not have to.
Can I appeal if the DWP awarded me Attendance Allowance but at the lower rate instead of the higher rate?
Yes. You can request mandatory reconsideration and appeal to tribunal in the same way as if you were refused entirely. You need to show that you meet the rules for the higher rate — that you need help or supervision for a significant part of the day and night, not just during the day.
Do I have to attend the tribunal hearing in person?
No. You can send a written statement instead, or attend by video or telephone. However, judges often find it helpful to see and hear you, and you can answer questions about your care needs directly. Many people find attending makes their case stronger, but it is your choice.
What if I win at tribunal but the DWP disagrees with the decision?
The DWP must follow the tribunal's decision and pay you the benefit you are owed. They cannot appeal a tribunal decision just because they disagree with it. They can only appeal on a point of law — for example, if they believe the judge misunderstood the law itself — and this is rare.
Can I work while my appeal is being decided?
Yes. Attendance Allowance is not affected by how much you work or earn. You can work full-time, part-time, or not at all while your appeal is ongoing. If you win, your benefit will be backdated to when you first claimed or when the original decision was made.