Introduction to Attendance Allowance

Attendance Allowance is a benefit designed to help people aged 65 or over who need support with personal care because of a disability or long-term illness. Unlike some other benefits, Attendance Allowance is not means-tested—your income and savings do not affect your eligibility. If you need help with daily activities such as washing, dressing, or using the toilet, you may qualify for this support.

If you receive an Attendance Allowance decision that you disagree with, you have the right to ask for a mandatory reconsideration. This means you can challenge the decision and have it looked at again by the Department for Work and Pensions. It’s important to seek advice if you’re unsure about the process or your eligibility. Organizations like Citizens Advice can offer guidance and help you understand your options, ensuring you get the support and advice you need to move forward confidently. Remember, you don’t have to accept a decision you believe is wrong—help is available to guide you through each step.

Professionally handled reconsiderations & appeals by our benefits & legal experts.

When you have received a benefits decision you disagree with, our team can help you through the different processes involved in challenging it. If you want the decision to be reconsidered, a formal request (requested) for a mandatory reconsideration is made, and your case will be reconsidered by a different decision maker. If the outcome is still not satisfactory, we can assist you with appealing the decision.

We guide you through these processes step by step, ensuring all the information needed for your case is included. Our experts help you put your case forward clearly and effectively, increasing your chances of a positive outcome.

If your claim is refused

If your claim is refused, the first step is to ask for the original decision to be looked at again. This is called a mandatory reconsideration. This stage is mandatory. You should make your request in writing and may need to provide a written statement explaining why you disagree with the benefits decision, including any supporting evidence. After submitting your request, you will receive a written response from the authorities. For example, a common reason for refusal is not providing enough medical evidence, but a successful appeal might include a detailed written statement from your doctor. If after the reconsideration you remain unhappy with the response, you can then make an appeal, again in writing, and await the tribunal's written response.

Understanding the Decision Letter

When you receive a decision letter about your Attendance Allowance claim, it’s essential to read it carefully and understand what it means for you. The decision letter will explain the outcome of your claim and outline the reasons behind the Department for Work and Pensions’ decision. If you disagree with the decision, you have the right to ask for a mandatory reconsideration—but you must do this within one month of the date on the letter.

If you’re unsure about any part of the decision letter or need help challenging the decision, it’s a good idea to seek advice from Citizens Advice or another support organization. They can help you understand the process, explain your options, and assist you in completing the appeal form if you decide to challenge the decision. Gathering further evidence, such as medical evidence or care diaries, can strengthen your case. Support organizations can guide you on what evidence to collect and how to present it. Don’t hesitate to ask for help—getting the right advice early on can make a big difference to your claim.

Attendance Allowance Appeal Check

Important: There is a strict one month deadline (one month time limit) to appeal from the date on your decision letter. This time limit is counted as a calendar month from the date of the letter. If you miss the one-month deadline, you may still be able to submit a late appeal if you have a good reason or special circumstances for the delay. Additional information may be requested to process your appeal.

Seek Advice for your Attendance Allowance Decision

If you’ve had an unfavourable benefit decision about Attendance Allowance and believe the decision is wrong, you don’t have to accept it. There are two main processes to follow if you want to appeal a decision: first, a mandatory reconsideration must be formally requested, and then (if needed) an attendance allowance appeal to an independent tribunal. Below we explain how each process works and how we can help at each step.

1) Start with mandatory reconsideration (MR)

Before you can appeal, you normally must ask the DWP to look at the original decision in your decision letter again. This is called a mandatory reconsideration. In most cases, you should have a mandatory reconsideration requested within one month of the date on your decision letter (later requests can still be accepted if you give good reasons, such as illness or bereavement). During the mandatory reconsideration processes, a decision maker will review your case and reconsider the original decision. You’ll then receive a Mandatory Reconsideration Notice (MRN) setting out the new outcome.

How we help:

• We review your papers and draft a clear MR request that sets out the points of law and fact the DWP got wrong.

• We identify and gather medical evidence (GP/consultant letters, OT reports, medication lists, care diaries, carer statements) to show how your needs meet Attendance Allowance rules.

• We make sure the MR addresses the descriptors and real-world impact of your condition, not just diagnoses.

2) If MR doesn’t fix it, submit an appeal

If you’re still unhappy after MR, you can submit an appeal form in writing to the HM Courts & Tribunals Service (HMCTS), which is part of the courts and tribunals service. Your appeal goes to the Social Security and Child Support Tribunal—an independent tribunal service that is completely separate from the DWP. It’s free to appeal. You usually have one month from the date on your Mandatory Reconsideration Notice to lodge the appeal. You can appeal online or by using form SSCS1. When sending important documents or your appeal form, it is recommended to use recorded delivery to ensure proof of postage and receipt.

What we file for you:

• The appeal submission that pinpoints errors in the benefit decision, references your MRN, and explains why the Attendance Allowance rules, caselaw and evidence support a higher award.

• A tailored evidence plan (what to get, from whom, by when), including medical evidence and day-to-day care logs.

• Optional request for an oral hearing (in person, by phone, or via online video call/online video). Oral hearings generally allow you to explain your needs more fully than a paper decision.

3) Preparing for the tribunal hearing

Once HMCTS registers your appeal, the DWP provides a “bundle” (their evidence). We go through this line-by-line and write your statement of case, highlighting where the DWP has misinterpreted your care and supervision needs—especially during the night—or overlooked key evidence. The appeals service will then handle your case and send you a response outlining the next steps and any further information required. At the hearing, an independent judge (and usually a medically qualified tribunal member) will hear your case and you will have the opportunity to put your case forward. They are not bound by the DWP’s view and can increase, decrease, or confirm your award.

On the day, we help you to:

• Answer questions clearly, focusing on how often help is needed, the type of help, and what happens if help isn’t available.

• Explain fluctuations (good/bad days) and why “coping strategies” don’t remove the underlying need for attention or supervision.

• Make sure the tribunal sees that risks (falls, confusion, night-time wandering, medication errors) require frequent help, not just occasional prompts.

Evidence that strengthens your case

For Attendance Allowance, decisions turn on the help you reasonably need, not whether you currently get it. Useful medical evidence and corroboration can include:

• GP/consultant letters that describe functional needs (not just diagnoses).

• OT assessments, falls clinic notes, continence services notes.

• Care diaries, carer statements, community nurse notes.

• Medication schedules, repeat prescription lists, and any risk assessments.

This evidence is used to challenge the benefit decision. There are specific processes for submitting evidence, including following deadlines and using the correct forms.

We’ll help you ask the right people for the right detail, so your evidence matches the Attendance Allowance legal tests the tribunal service must apply. If your appeal is successful, you may receive a backdated payment for the period you were entitled.

Time limits at a glance

• Mandatory reconsideration: You must request this within a one month time limit, which is a calendar month from the date on your decision letter. This one month deadline is strict, but if you miss it, you may still be able to apply up to 13 months after the decision if you have a good reason or there are special circumstances that explain the delay.

• Appeal to HMCTS: You must usually appeal within a one month time limit from the date of your mandatory reconsideration notice (MRN). If you miss this time limit, a late appeal may be accepted if you can show a good reason or special circumstances for the delay.

If you’re close to a deadline, contact us now—we can lodge the appeal form in time and follow with evidence.

Why use our service?

• Specialist drafting: We translate your daily realities into the legal language that the tribunal decision maker understands and considers when reviewing your case.

• Evidence strategy: We identify gaps and secure relevant medical evidence.

• Representation: We guide you through the processes involved in challenging benefit decisions, including submitting appeals and preparing for hearings. We support you through every step of the courts and tribunals service processes, and, where possible, attend or support you during the hearing before HM Courts & Tribunals Service (HMCTS)—the independent tribunal service.

• No-win-no-fee: You pay nothing upfront; our focus is on getting the decision changed.