Attendance Allowance check → Attendance Allowance reconsideration: sample letter
Attendance Allowance reconsideration: sample letter
How to ask the DWP to look again at an Attendance Allowance decision: what to include, the one-month limit, the CRMR1 form, and an illustrative letter.
If an Attendance Allowance claim has been refused, or awarded at a rate you think is wrong, the first step is to ask the DWP to look at the decision again. This is called mandatory reconsideration, and GOV.UK says it is free. This page explains how to put the request in writing: what to include, the time limit, the DWP’s CRMR1 form, and an illustrative letter showing the shape a request can take. If you are not yet sure whether to challenge, see our note on common mistakes, which includes the one-month window.
Before you write: two cautions
The whole claim is looked at again. GOV.UK says that if you ask for mandatory reconsideration, someone will look at your whole benefit claim again, and the benefit may stop, stay the same, increase or decrease. The DWP’s notes on its form say the same. If there is an award already, for example the lower rate, it is worth getting free advice before challenging it.
Understand the reasons first. GOV.UK advises making sure you understand the reason for the decision before you ask, because it helps you explain why you disagree. The benefits office dealing with the claim can explain the decision, and you can still ask for mandatory reconsideration afterwards. You can also ask for a written explanation, a “written statement of reasons”; GOV.UK says that if you do, you must ask for mandatory reconsideration within 14 days of the date on it.
The time limit
GOV.UK says you usually need to ask for mandatory reconsideration within one month of the date on your decision letter, and that if you are writing, the letter or form must arrive by then. The date that counts is the date printed on the letter, not the day it reached you, so it is sensible to post your request well inside the month.
You can ask after one month only with a good reason, for example if you have been in hospital or had a bereavement, and you must explain why the request is late. The CRMR1 form asks at question 16 whether you are within one month, and if not, why.
Letter or form?
GOV.UK lists several ways to ask, including writing a letter or filling in and returning the DWP’s form, CRMR1. The contact details are on your decision letter.
The CRMR1 form
The CRMR1 is published on GOV.UK as a PDF you can download, fill in on screen, save and then print. It comes with a booklet of notes, CRMR1A, called “How to disagree with a decision made by the Department for Work and Pensions”. The notes say that if you ask by post, they strongly recommend completing the CRMR1. The form asks for black ink and capitals, and you can type your answers instead of writing them. Everyone must complete the sections “About you”, “Why you disagree with the decision” and the declaration. Then:
- print the form and sign it;
- post it to the address at the top of your decision letter;
- send any other relevant evidence at the same time.
A letter
If you would rather not use the form, the CRMR1A notes say you can write, and should include your name, date of birth and National Insurance number; the date of the decision you want looked at, which is on the decision letter; which part of the decision you want looked at again; and why you think that part is wrong. GOV.UK also asks for your address.
What to include
| Item | Where to find it |
|---|---|
| Full name, address, date of birth | Of the person the decision is about |
| National Insurance number | The CRMR1 says it is on the top of the decision letter, a National Insurance number card, payslips or DWP letters |
| Date of the decision | On the decision letter |
| The benefit | Attendance Allowance |
| Which part you disagree with, and why | Compare the reasons in the letter with your copy of the AA1 |
| New evidence, if any | Only what the DWP has not seen before, listed in the request |
| Signed authority, if you write for someone else | See below |
Writing the reasons
This is the part that matters most. The CRMR1 asks you to explain in your own words why you disagree, to be specific, and to give as much detail as you can. If you disagree with more than one part of the decision, you must say why you disagree with each part.
For Attendance Allowance, it often helps to work through the reasons in the decision letter one at a time, and answer each with what actually happens. Say what help is needed, with which tasks, how often, how long it takes, and what goes wrong without it. If the original form undersold things, for example “I manage” at the washing question, or blank night-time questions, say so plainly and give the fuller picture now. Our pages on what counts as needing help, example answers and what not to write can help with the wording. Keep it true; the CRMR1 declaration warns about giving incorrect or incomplete information.
Evidence
GOV.UK says any evidence should support your reasons, and gives examples such as new medical evidence and reports or care plans from specialists, therapists or nurses. Only include evidence you have not already sent. Write your full name, date of birth and National Insurance number at the top of each piece. You cannot claim back the cost of any evidence you pay for.
GOV.UK says not to include general information about a condition such as factsheets, medical certificates or sick notes; appointment cards or letters about medical appointments; letters about tests you are due to have; or bus or train tickets. The CRMR1A notes add: try to send information that is specific to you and your claim, which the DWP has not seen before.
If a report has been requested but not arrived, the CRMR1 lets you list the evidence you are sending at question 18 and explain at questions 19 and 20 why something is missing, for example a medical report that has been asked for. Do not let the deadline pass waiting for it.
If you are writing for a parent
The CRMR1 has a section for a representative, such as a carer, relative or friend, to give their own details and their relationship to the person. The notes say the DWP will need to see signed authority for the representative to deal with the claim, and that this can be a signed letter. This does not apply if you are already registered with the DWP as the person’s appointee or deputy, or if you are their parent or legal guardian; an adult son or daughter will usually need the signed authority. Our guide to claiming for a parent explains appointees and powers of attorney, and what to do after a refusal covers the whole route, including a tribunal appeal.
An illustrative sample letter
This is a made-up example to show the structure of a request, not a real person, not legal advice, and not wording to copy. Replace everything in square brackets, and describe your own situation in your own words.
[Your full name]
[Your address]
[Date]To: [the office and address shown at the top of the decision letter]
Name: [full name of the person the decision is about]
Date of birth: [date of birth]
National Insurance number: [National Insurance number]Request for mandatory reconsideration: Attendance Allowance decision dated [date on the decision letter]
I am writing to ask for mandatory reconsideration of the decision dated [date] to [refuse my claim / award the lower rate]. I am asking within one month of the date of that decision.
1. Help during the day. The decision says [quote or summarise the reason given]. I disagree. [Describe the help needed: for example, which tasks, how many times a day, how long each time, who helps, and what happens without help.]
2. Help at night. The decision says [reason]. I disagree because [describe the nights: how many nights a week, how many times, how long, and what help is needed].
3. New information. I enclose [list each document, such as an occupational therapy report dated [date]], which the DWP has not seen before. Each page has my name, date of birth and National Insurance number at the top.
I would be grateful if you would look at the decision again, taking this information into account.
Signed: [signature]
Name: [name in capitals]
If you are writing for a parent, add your own name, address and relationship to them, and enclose their signed authority unless one of the exceptions above applies.
Before you post it
- Check it is signed and dated, and that every reason in the decision letter you disagree with has an answer.
- Label each piece of evidence and list it in the request.
- Keep a copy of the request and everything with it.
- Send it to the address at the top of the decision letter, in time to arrive within the month.
What happens next
The CRMR1 says the DWP will send a text message or letter to say your request has arrived. A different decision maker looks at the claim and any new information, and may need to contact you for more. When they have decided, you get a letter called a mandatory reconsideration notice, which GOV.UK says explains the reasons and the evidence the decision was based on.
If you still disagree, you can appeal to the Social Security and Child Support Tribunal, which is independent of government. GOV.UK says you usually need to appeal within one month of the date of the mandatory reconsideration notice, and you cannot appeal until you have it.
In Scotland
Pension Age Disability Payment decisions are made by Social Security Scotland and are not challenged through the DWP. mygov.scot calls the first stage a re-determination; for Pension Age Disability Payment you have 42 calendar days (6 weeks) to ask, and you can use the paper request form or ask online. The second stage is an appeal to the First-tier Tribunal for Scotland.
Getting help
GOV.UK points to free help from Citizens Advice, Advicenow and local advisers listed on Advicelocal. Age UK can also help with benefits at no charge where it has capacity. In Scotland, mygov.scot mentions Citizens Advice Scotland and Advocacy.scot. The DWP’s CRMR1 form and notes are free to download.
Nothing on this page is legal advice, and we cannot say whether any request will succeed; that is decided by the DWP or, in Scotland, Social Security Scotland.
If you would like a hand with it
We are a private company, Virix Ltd, not part of any government department. We go through the AA1 with you, or with the person you care for, over the telephone, write the answers up in your own words, then print the form and post it to you to read, sign and send. It costs £149, once. If the claim is refused, we help you ask for the decision to be looked at again at no extra cost, and if the answer is still no, we refund the full £149. Or you can pay £15 now for printing and posting, and £234 only if the claim is awarded (terms). Equally, the claim is free to make yourself, and Age UK and Citizens Advice help at no charge where they have capacity, as do some local services. How the options compare.
Living in Scotland? Attendance Allowance has been replaced there by Pension Age Disability Payment, paid by Social Security Scotland. It is the same idea with a different form, and we help with that one too.
Sources
- GOV.UK — Challenge a benefit decision (mandatory reconsideration)
- GOV.UK — Challenge a decision made by the DWP (CRMR1)
- DWP — Mandatory reconsideration request form CRMR1 (PDF)
- DWP — How to disagree with a decision made by DWP, CRMR1A notes (PDF)
- GOV.UK — Appeal a benefit decision
- mygov.scot — How to challenge a decision
- mygov.scot — Request a re-determination or appeal
See what you could get
Six questions, about two minutes. No name, phone number or email until you have seen the result.
Check what you could get