Child Disability Allowance appeal letter

What is Child Disability Allowance?

For children under 16 in England and Wales, the main disability benefit is Disability Living Allowance (DLA), often called Child Disability Allowance. It has a care component, paid at three rates, and a mobility component, paid at two rates. A child can get one or both.

The test is not the diagnosis. It is whether your child needs substantially more care, supervision or help getting around than a child of the same age who does not have a disability.

Why decisions are challenged

• The decision compares your child to the wrong standard, rather than to other children of the same age.
• Night-time needs, supervision, and safety risks were left out or played down.
• The form was filled in on a good day, and does not reflect how things usually are.
• Behaviour, communication, sensory or mental health needs were not given the same weight as physical needs.
• Medical evidence or school reports were not taken into account.

What your letter should cover

• Your child's name and date of birth, your name as the claimant or appointee, and the reference on the decision letter.
• A statement that you are asking for the decision to be reconsidered, and which components and rate you are disputing.
• Specific examples of the extra help your child needs by day and by night, how often, and for how long.
• What would go wrong without that help, such as safety risks, distress, or an inability to eat, wash or travel.
• Supporting evidence: letters from paediatricians, therapists, the school or SENCo, social workers or an education, health and care plan.

Steps and deadlines

A higher care award can also affect other support. For example, Carer's Allowance depends on the child getting the middle or highest rate of the care component, so the rate matters beyond the amount itself.

1. Ask the DWP for a mandatory reconsideration within one month of the date on the decision letter.
2. Send your letter and evidence. Keep copies of everything.
3. Wait for the mandatory reconsideration notice, which is the DWP's written outcome.
4. If you still disagree, appeal to the tribunal, normally within one month of the date on that notice.

Scotland

In Scotland, children's disability assistance is Child Disability Payment, run by Social Security Scotland, with its own request for a re-determination. The time limit is short and is stated on your decision letter, so check it straight away.

Frequently asked questions