DLA for Children: A Step‑by‑Step Guide to Appealing a Decision

If you’ve received a decision about Disability Living Allowance (DLA) for your child under 16 that you believe is wrong—whether it’s a refusal or an award that’s too low—you have the right to challenge it. The process can feel daunting, but breaking it down into clear steps can help you feel more in control. The key is to focus on evidence that shows your child needs more care, supervision, or help with mobility than a child of the same age who does not have a disability.

Why Are DLA Claims Refused or Set Too Low?

Many parents are surprised when their child’s DLA claim is refused or the award is lower than expected. This often happens because the decision maker did not have enough detail or evidence about your child’s needs. Some common reasons include:

• Not clearly explaining how your child’s care needs differ from a typical child of the same age. For example, if your child needs help with dressing, eating, or toileting, it’s important to describe how often and why.

• Understating night‑time needs, such as frequent waking, needing help with the toilet, safety concerns, distress, seizures, or pain.

• Not linking mobility needs to the DLA rules and age thresholds. For instance, the lower rate mobility component is only available from age 5, and the higher rate from age 3, but only if your child meets specific criteria (such as being unable to walk or being at risk if they do).

• Missing supporting evidence from professionals, such as school reports, Education, Health and Care Plans (EHCPs), or letters from healthcare providers like CAMHS, occupational therapists, or speech and language therapists.

• Administrative issues, such as missing deadlines or not completing forms fully.

Understanding these common pitfalls can help you prepare a stronger case if you decide to challenge the decision.

Step 1: Mandatory Reconsideration (MR)

The first step in challenging a DLA decision is to ask for a Mandatory Reconsideration. This means you’re asking the Department for Work and Pensions (DWP) to look at the decision again.

• Deadline: You must request MR within 1 month of the date on the decision letter. If you miss this deadline, you can still ask for up to 13 months after, but you’ll need to explain your reasons for being late (such as illness or family crisis).

• How to request: It’s best to do this in writing so you have a record. Include your child’s details, the date of the decision, and clearly state that you are requesting a Mandatory Reconsideration.

• What to include: Go through the decision letter and point out anything you believe is wrong or missing. Provide new or additional evidence if you have it—this could be letters from school, healthcare professionals, or a diary of your child’s care needs and behaviour. Be specific about how your child’s needs meet the criteria for the care and mobility components of DLA.

Understanding DLA Components

DLA is made up of two parts: the care component and the mobility component.

• Care component: This has three rates—lowest, middle, and highest—depending on how much help your child needs during the day and night.

• Mobility component: This has two rates—lower and higher. The lower rate is for children aged 5 and over who need help or supervision outdoors. The higher rate is for children aged 3 and over who cannot walk, can only walk a short distance without severe discomfort, could become very ill if they walk, or are blind/severely sight impaired.

When writing your MR request, link your child’s needs to these components and rates. For example, if your child needs constant supervision during the day and wakes several times at night needing help, this could meet the criteria for the higher rate care component.

Example MR Cover Note

You might write something like:

“I request a Mandatory Reconsideration of the DLA decision dated [date]. The decision does not reflect my child’s care and mobility needs compared with a typical child of the same age. For example, my child requires frequent prompting and help with toileting and dressing each morning, and supervision due to seizures. At night, they wake 2–3 times and require supervision for safety and medication. Outdoors, they require constant supervision due to lack of awareness of danger and can only manage short distances before severe discomfort and distress. I enclose supporting evidence from school, our EHCP, and healthcare professionals.”

Step 2: Appeal to a Tribunal

If the DWP does not change the decision after MR, you can appeal to an independent tribunal.

• Deadline: You usually have 1 month from the date of the MR notice to appeal.

• How to appeal: You can do this online or by completing a form called SSCS1. Clearly state which parts of the decision you disagree with and attach all relevant evidence.

• What to expect: The tribunal is made up of a judge and specialist members. They will ask about your child’s day and night care needs and their safety outdoors. Be ready to give real‑life examples and explain how your child’s needs differ from those of a typical child their age.

On the day, bring a summary sheet and any diaries or logs you’ve kept. If your child cannot attend, you can still explain their needs and bring written statements from others who know your child well.

Final Checklist Before Submitting

• Have you requested MR within 1 month (or explained any delay)?

• Do you have a care diary covering at least 2–4 weeks, including day and night needs?

• Have you included evidence from school, EHCPs, and healthcare professionals?

• Is your mobility evidence linked to the correct age thresholds and DLA rules?

• Are your examples clear, dated, and do they show how often and how long your child needs help?

• Have you kept copies of everything and diarised all deadlines?

When Your Child Turns 16

When your child approaches 16, you’ll usually be invited to apply for Personal Independence Payment (PIP) instead of DLA. Keep your evidence up to date to make this transition as smooth as possible.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.