United Kingdom flag

Introduction

Are you a parent facing a challenging Disability Living Allowance (DLA) decision for your child? This guide will walk you through the appeal process, helping you understand your rights and the steps to take if your claim has been denied or awarded at a lower rate than expected. With Contend’s highly trained AI legal experts by your side, you can receive the support you need to navigate this complex situation. Discover how to effectively appeal a DLA decision and ensure your child gets the assistance they deserve. Contend is the Easiest Legal Help in the UK, ready to guide you every step of the way.

If you’re a parent who has recently had a decision about your child’s Disability Living Allowance (DLA) claim turned down or awarded at a lower rate than expected, you may feel frustrated and unsure of what to do next. Luckily, you have the right to challenge this decision. Here’s a straightforward guide to help you understand the appeal process.

How can I start the appeal process for my child’s DLA decision?

Step 1: Request a Mandatory Reconsideration

Before you can appeal the DLA decision, you need to ask the Department for Work and Pensions (DWP) to review their decision. This is known as a “mandatory reconsideration.” You can find a helpful guide on how to request this on various support websites.

If the DWP still stands by their original decision after this review, you can then move forward with an appeal to an independent panel called a tribunal.

How do I request a mandatory reconsideration for my DLA decision?
Benefits: Effective DLA Appeal Guide for Parents: Win Your Child's Case

Step 2: Understand What You Can Appeal

You can appeal any decision regarding your child’s DLA claim, including:

  • If your child was denied DLA altogether.
  • If they were given a lower amount of DLA than you believe they deserve.

Keep in mind that the tribunal cannot consider any changes in your child’s condition that happened after the DWP made their decision. If your child’s needs have increased, you will need to submit a new claim.

How do I start the appeal process for my child’s DLA claim?

Step 3: Gather Your Documents

To appeal, you’ll need the following:

  • The letter from the DWP that says “Mandatory Reconsideration Notice” at the top. If you can’t find it, contact the DWP for a replacement.
  • Your appeal form, which must be submitted within one month of the date on the mandatory reconsideration notice.

Remember, while it might feel overwhelming, many DLA decisions are successfully overturned at the tribunal stage. If you believe the decision is incorrect, it’s worth pursuing an appeal.

Need help finding or replacing your Mandatory Reconsideration Notice?

Step 4: Get Help if You Need It

Consider reaching out for support. You can try Contend’s legal expert chat for assistance with your appeal. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.

How can I strengthen my appeal with Contend’s help?

Step 5: Submit Your Appeal

You can submit your appeal online through GOV.UK, or you can use a paper form. If you choose to write a letter, be aware that it may lead to missing important details, so using the online or paper form is recommended. You can download the necessary form (SSCS1) from GOV.UK.

Need help filling out the SSCS1 form for your appeal?

Step 6: State Your Reasons Clearly

In your appeal, clearly explain why you disagree with the DWP’s decision. Use your decision letter and the mandatory reconsideration notice to outline the specific points you are contesting. Provide facts, examples, and any medical evidence you have to support your case.

Example of an Appeal Reason:

“The DWP decision letter states that my child does not require continual supervision. This is incorrect. My child needs constant monitoring at home due to safety concerns. For instance, they have previously hurt themselves when left unsupervised.”

Need help crafting a strong appeal for your DWP decision? Chat with us now!

Step 7: If You Missed the Deadline

Try to submit your appeal within the one-month timeframe. However, if you miss this deadline, you can still appeal up to 13 months after the original decision. You will need to explain why your appeal is late, such as personal circumstances or health issues.

What reasons are valid for a late appeal in my case?

Step 8: Request an In-Person Hearing

If possible, request to attend an oral hearing. This allows you to present your case in person, which can significantly improve your chances of success. You can bring someone with you for support, and you can attend the hearing via phone, video call, or in person at a tribunal location.

How do I prepare for an in-person hearing to improve my case?

Step 9: Prepare for the Hearing

When submitting your appeal, let them know any dates you can’t attend and any special requirements you have, like needing a sign language interpreter. This helps ensure the hearing is scheduled at a convenient time for you.

What should I include in my appeal to ensure my needs are met?

Step 10: Submit Your Documents

If you’re using a paper appeal form, send it to HM Courts and Tribunals Service, not the DWP. Include your completed SSCS1 form, a copy of the mandatory reconsideration notice, and any additional evidence you have. It’s a good idea to send your documents via recorded delivery to have proof they were sent on time.

What if I don’t have all the required documents?

Final Thoughts

Navigating the DLA appeal process can be challenging, but you don’t have to do it alone. Seek help from Contend’s legal expert chat, and remember to stay organized and persistent. Many parents successfully overturn DLA decisions, so don’t lose hope if you believe your child deserves more support. Good luck!

For more info, check out some of our related articles:


Check if Contend can help you with your issue

Solve your legal question quickly
and easily with Contend.



This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.