DLA and PIP for children: claiming, decisions and appeals

Step by step

1. Read the decision and the deadlines first

   Keep the decision letter. Note the date, the award, the rate, how long it lasts and the date it was sent. You normally have one month from the date on the decision letter to ask DWP to look at it again. This is called mandatory reconsideration. You then normally have one month to appeal to the tribunal. Count from the date on the mandatory reconsideration notice to be safe. Your decision letter should tell you what rights you have.

2. Start claims promptly and keep a copy

   Contact, a charity for families with disabled children, advises phoning the DLA helpline to ask for the claim form. The form is stamped with the date of your call. If your child qualifies, DLA is paid from that date and cannot be backdated beyond it. Keep a copy of the completed form and any evidence. Keep a dated diary. Ask for help or another format if you need it. GOV.UK says its DLA guide is also available in British Sign Language and easy read.

3. Compare your child with another child of the same age

   For child DLA, you need to show your child needs much more looking after, or more care or supervision, than a child of the same age who does not have a disability. You do not need to wait for a diagnosis to claim. The decision is based on how your child's condition affects their day-to-day life.

4. Give clear daily examples

   Say what happens, how often, how long it takes, and what help your child needs. Include supervision, night needs, safety and communication. Include good days and difficult days. The person who decides has never met your child, so Contact advises you to make clear all the extra care and support your child needs. Keeping a diary for a week before you fill in the form can help.

5. Check the reasons for the decision

   Compare the decision with your form and evidence. Look for facts that are missing or wrong. If the decision letter gave no reasons, you can ask for a written statement of reasons within one month of the date on the letter. Contact says this can extend the time limit by 14 days, but advises you not to rely on it. Always ask for a reconsideration within one month.

6. Ask for mandatory reconsideration

   You can ask by phone, by letter, or with GOV.UK form CRMR1. Send the form to the address at the top of your decision letter. Say which decision you disagree with and why. Keep proof of what you send. Contact says late requests may be accepted in certain limited circumstances. Do not rely on that. Get advice from a welfare rights adviser if you are late.

7. Know the risk before you challenge

   Contact says asking for a mandatory reconsideration or an appeal can sometimes lead to you losing or getting less benefit, instead of more. This is not a reason to avoid a challenge you think is right. It is a reason to get advice first if your current award might be at risk.

8. Keep your challenge focused

   Use headings that match the care, mobility or PIP activities you disagree with. Give two or three clear examples for each. For PIP, GOV.UK says DWP looks at whether you can do each task safely, how long it takes, and whether you need help from a person or equipment. For PIP you must have difficulty with a task more than half of the days over a 12-month period. AdviceNow has a free tool to help write a DLA mandatory reconsideration letter.

9. Appeal after the mandatory reconsideration notice

   If you still disagree, you can appeal to the Social Security and Child Support Tribunal, which GOV.UK says is impartial and independent of government. It is free to appeal. Appeal within one month of getting your mandatory reconsideration decision. If you appeal after a month, you must explain why you did not do it earlier, and your appeal might not be accepted. Explain why you think the decision is wrong and include a copy of the mandatory reconsideration notice. You cannot appeal until after a mandatory reconsideration, unless your decision letter says you can appeal straight away.

10. Think about asking for an oral hearing

    On the appeal form you choose a paper hearing or an oral hearing. In a paper hearing you do not attend, and the tribunal looks at the papers. Contact says it is always best to ask for an oral hearing and that, statistically, oral hearings are more successful. Get specialist advice if you can. Ask the tribunal for any support or adjustments you need to take part.

11. Put your evidence together

    Gather the decision letter, the claim form and your diary. Add letters from professionals who know your child, such as a GP, consultant, school or care team, where they help show the effect on everyday life. Short statements from people who see your child's needs can help. After you appeal, you can manage your appeal online and send evidence to the tribunal.

12. Get advice if you are late

    Do not assume a missed deadline ends the case. GOV.UK says a late appeal might not be accepted, and you must explain the delay. Contact says late appeals will sometimes be accepted. Contact a welfare rights adviser quickly. GOV.UK lists Citizens Advice and Advicenow as sources of free help.

13. Prepare for the move from DLA to PIP at 16

    Your child will need to apply for PIP when they turn 16. GOV.UK says they will get a letter inviting them to apply, usually shortly after their 16th birthday. If they were in hospital on their birthday, it is sent when they leave hospital. DLA payments will stop unless they apply for PIP by the date in the letter. If they apply by that date, DLA continues until the claim is assessed. If your child is severely disabled and cannot manage their own benefits, you may be able to apply to be their appointee once they turn 16. Support your child to take part and decide as much as they can.

14. Challenge or complain: they are different

    Use mandatory reconsideration and appeal if you disagree with the outcome, such as whether you get DLA or PIP and at what rate. Use a complaint if you are unhappy with how your claim was handled, for example the time it took or how a member of staff spoke to you. You cannot appeal until you have had a mandatory reconsideration. This guide is information, not legal or welfare rights advice.