Attendance Allowance check → Attendance Allowance refused: what to do next

Attendance Allowance refused: what to do next

A refusal is not always the end. How to read the decision letter, ask for mandatory reconsideration, then appeal to a tribunal, with the time limits.

Written and checked by the Attendance Allowance Check team at Virix Ltd. Last reviewed 25 September 2026 against gov.uk.

A letter refusing Attendance Allowance, or awarding a lower rate than you expected, is disheartening, but it is not necessarily the final word. There is a set route for challenging a decision: first you ask the DWP to look at it again, and then, if you still disagree, you can appeal to an independent tribunal. Both steps are free. This page explains each step, the time limits, and what to send. If you are still preparing a claim, our pages on common mistakes and filling in the AA1 may be more useful.

Start with the decision letter

Read the letter carefully and keep it safe. It contains:

• The date of the decision. The time limit for challenging it runs from here, and you will need to quote it.
• The reasons. GOV.UK advises making sure you understand the reason for the decision before asking for it to be reconsidered, because this helps you explain why you disagree.
• The contact details of the office dealing with the claim, including the address to write to.
• Whether you can appeal straight away. GOV.UK says some decisions cannot be reconsidered and others can go straight to appeal, and that your decision letter will say if this applies.

If you need help understanding the reasons, GOV.UK says the benefits office dealing with the claim can explain them and answer questions, and you can still ask for mandatory reconsideration afterwards. You can also ask for a written explanation, known as a “written statement of reasons”. GOV.UK says that if you do, you can still ask for mandatory reconsideration, but must do so within 14 days of the date on the written statement of reasons.

Refused, or awarded the lower rate?

You can challenge a refusal, and you can also challenge an award you think is wrong, for example the lower rate when day and night needs were both described. But GOV.UK gives an important warning: if you ask for mandatory reconsideration, someone will look at the whole claim again, and the benefit may stop, stay the same, increase or decrease. If there is already an award, it is sensible to get free advice before challenging it.

The two stages at a glance

Stage 1: mandatory reconsideration

GOV.UK says you can ask for mandatory reconsideration if you think the office has made an error or missed important evidence, if you disagree with the reasons for the decision, or if you want the decision looked at again. Attendance Allowance is on its list of benefits this applies to.

The time limit

You usually need to ask within one month of the date on your decision letter. GOV.UK adds that if you are writing, the letter or form must arrive by then, so allow for the post. You can ask after one month only with a good reason, such as having been in hospital or a bereavement, and you must explain why the request is late.

How to ask

Contact the office that made the decision; the contact details are on the decision letter. GOV.UK lists several ways, including writing a letter or filling in and returning the DWP’s form for asking for mandatory reconsideration, called CRMR1. The DWP’s notes on the form say that if you ask by post, they strongly recommend using the CRMR1, printed and sent to the address on the decision letter. A written request is also useful because you keep a copy of exactly what you said. Our illustrative reconsideration letter shows what to put in it.

What to include

GOV.UK says to give the date of the original decision, your name and address, your date of birth and your National Insurance number, and to explain what part of the decision is wrong and why. If you disagree with more than one part, the CRMR1 asks you to say why you disagree with each.

What evidence to send

Evidence should support your reasons. GOV.UK 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, and write your full name, date of birth and National Insurance number at the top of each piece. It says not to include general information about a condition such as factsheets, medical certificates or sick notes, appointment cards or letters about appointments, or letters about tests you are due to have. You cannot claim back the cost of any evidence you pay for.

For Attendance Allowance, evidence is most useful when it speaks to the care questions on the AA1: what help is needed, how often, by day and by night. Our guides to the daytime questions and night-time needs explain what the DWP looks for.

What happens next

The DWP’s notes say it will tell you when your request has arrived, and that a decision maker who is not the person who made the original decision will look at all the information about the claim. They may need to contact you for more information. When they have finished, you get a letter called a mandatory reconsideration notice. GOV.UK says it will tell you whether the decision has changed, and explain the reasons and the evidence it was based on. If you are satisfied, you do not need to do anything else.

Stage 2: appeal to a tribunal

If you think the decision in the mandatory reconsideration notice is still wrong, you can appeal to the Social Security and Child Support Tribunal. GOV.UK says the tribunal is supported by HM Courts and Tribunals Service and is independent of government. You cannot appeal until you have the mandatory reconsideration notice, unless your decision letter says you can go straight to appeal.

The time limit

GOV.UK says you usually need to appeal within one month of the date of your mandatory reconsideration notice. If you start after a month, you will have to explain why you did not do it earlier, and the appeal might not be accepted.

How to appeal

You can appeal online, where you will need the National Insurance number, the details of any representative, and the mandatory reconsideration notice. You can also appeal by post using form SSCS1. You will be asked to choose whether to go to the hearing to explain the appeal in person; if you do not attend, the appeal is decided on the appeal form and any supporting evidence.

Help and evidence

GOV.UK says anyone can be a representative, including friends and family, and a representative can help submit the appeal, prepare evidence and act on your behalf. After the appeal is submitted, the DWP responds explaining why it made the decision, and you get a copy. Evidence can include a report or care plan from a specialist, therapist or nurse, or a letter from someone who knows you, and GOV.UK says to send it as soon as you can so the tribunal has time to read it.

At the hearing

A judge and one or two experts decide the case. If you attend, you can explain the appeal and will be asked questions about the condition or circumstances. The DWP may also be there and may ask questions, but GOV.UK says it is not part of the tribunal and does not decide the result. You can ask for support such as an interpreter or a hearing loop. The decision comes by post, and you may get it on the day if you attend.

If you are unhappy with the tribunal’s decision, GOV.UK says you may be able to have it set aside if there was a mistake in the process, or appeal to the Upper Tribunal if the decision was wrong for a legal reason. The tribunal’s decision letter explains how.

An illustrative example

This is a made-up example to show how the steps fit together, not a real case or a prediction of any outcome.

A daughter opens her father’s decision letter and sees the claim has been refused. The reasons say the form did not show he needed help with personal care frequently through the day. She notes the date on the letter, and that a written request must arrive within one month of it. Her copy of the form shows the washing questions said only “I manage”. She gets a copy of an occupational therapy assessment the DWP had not seen, and with her father’s signed authority (see claiming for a parent) sends a CRMR1 explaining, question by question, what help he needs and how often, with the report attached and his name, date of birth and National Insurance number at the top of each page. She keeps copies of everything.

If your parent lives in Scotland

For new claims in Scotland, Pension Age Disability Payment from Social Security Scotland replaces Attendance Allowance, and the challenge route is different. mygov.scot describes two stages:

• Re-determination. A new team that was not involved in the original decision makes a full new decision, which could mean payment goes up, down or stays the same. For Pension Age Disability Payment, you have 42 calendar days (6 weeks) to ask, once you have been told the decision in the original decision letter. A late request may be accepted with a good reason, as long as it is no more than one year after getting the decision letter.
• Appeal to the First-tier Tribunal for Scotland, within 31 calendar days of getting the letter with the re-determination decision, or the letter saying Social Security Scotland could not make it in time. A late appeal may be accepted with a good reason, up to one year after getting that letter. An appeal without a previous re-determination request will not be accepted.

mygov.scot says you can use the re-determination or appeal paper forms, or, for Pension Age Disability Payment, ask online. If a longstanding award has been stopped or reduced, Short-term Assistance may be available while the challenge is going on.

GOV.UK also notes that if someone moves from England or Wales to Scotland while waiting to hear whether a challenged decision has changed, they must tell the DWP and apply for Pension Age Disability Payment.

Getting help

GOV.UK points to free help from Citizens Advice, Advicenow and local advisers listed on Advicelocal, as well as legal advisers and solicitors. 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. Our page on free and paid help compares the options.

Nothing on this page is legal advice, and we cannot say whether any challenge will succeed; that is decided by the DWP, Social Security Scotland or the tribunal.

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.