Challenging a PIP, DLA or Attendance Allowance decision: Time limits, extensions & mandatory reconsiderations

Receiving a decision letter that refuses or reduces a benefit award can be unsettling for clients and deputies alike. Whether the application was for non-means-tested benefits like Personal Independence Payment (PIP), Disability Living Allowance (DLA) or Attendance Allowance (AA), many people are unsure what to do next or how quickly they must act. 

In discussion with Holly Miéville-Hawkins, Partner in the Court of Protection team at Anthony Gold Solicitors, Adam Booth, Welfare Benefits Adviser at Chase de Vere, clarified how the appeal and reconsideration process works in practice. Their conversation helps break down the strict-sounding deadlines and offers reassurance that flexibility is often possible, particularly when supporting clients who lack capacity or experience distress after receiving benefit correspondence. 

In the previous blog, we discussed who can claim PIP, DLA and Attendance Allowance. This article explains the time limits, extension rules and mandatory reconsideration process, providing practical guidance for deputies and advisers managing benefit challenges on behalf of vulnerable individuals. 

Understanding the time limits for challenging a decision 

Every decision letter from the Department for Work and Pensions (DWP) states that a claimant has one month from the date of the decision to challenge or request a review. While this appears strict, the rule is not as rigid as many believe. 

In practice, claimants have up to 13 months to request a reconsideration or appeal, provided they can give a reasonable explanation for the delay. This flexibility is especially relevant in Court of Protection cases, where correspondence might initially go to the client rather than the deputy, or where the client’s health or capacity affects their ability to respond promptly. 

Examples of valid reasons for late challenges include: 

• The decision letter was sent to the wrong address or to the client instead of the deputy. 

• The client did not understand the letter or became distressed by it. 

• The deputy only became aware of the decision after the initial one-month period. 

• The client or deputy was ill or managing other urgent care matters. 

As Adam Booth explains, the one-month limit can sound intimidating but should not deter a challenge. The DWP generally accepts later submissions when there is a clear and reasonable justification. 

For deputies, the key is to act promptly once aware of the decision, gather any relevant evidence (such as medical letters or the deputyship order) and record all communications with the DWP. 

When extensions are allowed and how to request them 

Extensions are available where a claimant or deputy can show there was a good reason for not meeting the initial one-month deadline. These are not special permissions granted by the DWP in advance, but rather part of the established process that allows late submissions within the 13-month window. 

Holly highlighted a common issue: decision letters being sent directly to clients who lack capacity, causing confusion or distress. In such cases, the deputy can provide a copy of the deputyship order and a short explanation confirming why the delay occurred. 

Adam noted that the correct approach is simply to include this explanation within the written challenge. 

If a letter went to the wrong address or to a client who lacks capacity, you do not need to ask for permission first. You just explain the reason in your submission, and the DWP will usually accept it. 

In practice, DWP officers understand that delays can occur when clients are vulnerable or when administrative errors happen. Deputies should therefore be robust and factual when explaining the reason for late submission, rather than hesitant. A clear letter outlining the situation and attaching evidence is usually sufficient. 

Examples of evidence that can support an extension request include: 

• A copy of the Court of Protection order confirming the deputy’s authority. 

• Proof of when the decision letter was received. 

• Medical or social care documentation showing the client’s circumstances at the time. 

By providing accurate, well-documented reasoning, deputies can confidently request reconsideration or appeal even after the first month has passed. 

How the mandatory reconsideration process works 

The first formal step in challenging a PIP, DLA or Attendance Allowance decision is the mandatory reconsideration (MR). This stage allows the DWP to review the original decision before any appeal to a tribunal is made. 

A mandatory reconsideration can be requested in writing or by phone, ideally within one month of the decision date but up to 13 months with a valid explanation for delay.

When submitting an MR request, it is helpful to: 

• State clearly that you are requesting a mandatory reconsideration.

• Include the claimant’s full details and the date of the original decision. 

• Provide reasons why the decision is believed to be wrong. 

• Submit any new evidence that supports the claim, such as medical reports, carer statements or care plans. 

Once received, a different decision-maker at the DWP reviews the case. They can uphold, change or overturn the original decision. The outcome is confirmed in writing as a mandatory reconsideration notice. If the claimant or deputy still disagrees with the outcome, they can then proceed to a formal appeal before an independent tribunal. 

From Adam Booth’s experience, the DWP often takes a practical approach. If a new application is made after a refusal but within a few months, they may reopen the original claim and treat it as a late mandatory reconsideration rather than requiring a brand-new submission. This can save time and reduce stress for clients. 

For deputies, this means it is always worth submitting a reasoned letter challenging the decision, even if the initial deadline has passed. The DWP’s internal systems are designed to encourage review and resolution before a full tribunal process becomes necessary.

Common mistakes when appealing benefit decisions 

Even experienced advisers and deputies can feel intimidated by the DWP’s wording on decision notices. The language often suggests that deadlines are absolute, but there is more flexibility than many realise. Below are common pitfalls to avoid.

1. Assuming the one-month deadline cannot be extended

The one-month timeframe can be stretched up to 13 months with a good explanation. Deputies should never assume a challenge is too late. Acting and writing promptly once the issue is discovered is often enough. 

2. Submitting a new claim unnecessarily 

If a claim is refused, deputies sometimes begin a brand-new application instead of requesting a mandatory reconsideration. This can create duplication and unnecessary delay. Always try to reopen the existing claim first. 

3. Failing to explain reasons for delay 

If a client has health problems, cognitive impairment or distress that contributed to the delay, these should be stated clearly. The DWP needs to see that the reason is genuine and supported by evidence.

4. Not identifying who should have received the decision 

When letters are sent to the client instead of the deputy or representative, this should be raised immediately. Deputies can provide a copy of the Court of Protection order and request that future correspondence is directed correctly.

5. Believing a rejection is final

Initial refusals are common, particularly where medical evidence is limited. Many decisions are changed at the mandatory reconsideration stage when additional information is provided. 

Practical tips for deputies and advisers 

Challenging benefit decisions can feel complex, but good preparation makes the process manageable. Below are practical steps to improve outcomes: 

• Keep organised records: Retain all copies of DWP letters, decision notices and any supporting evidence. 

• Note dates carefully: Record when letters are received, not just when they are issued. This helps establish fair grounds for late submission if needed. 

• Act quickly once aware of a decision: Even if more evidence is needed, send an initial letter requesting reconsideration to protect your client’s position. 

• Provide clear evidence: Attach relevant documentation such as the deputyship order, medical reports or care plans. 

• Explain communication issues: If correspondence was sent to the wrong person, say so clearly in writing. 

• Seek specialist input: Welfare benefits advisers can help identify overlooked evidence or frame challenges effectively. 

Professional insight: In Adam Booth’s experience, the DWP generally adopts a reasonable approach when correspondence is clear and supported by evidence. A well-prepared letter often leads to a review without needing a full tribunal. 

How are care and mobility needs assessed under PIP, DLA and Attendance Allowance?

Many people believe the mobility element of disability benefits is limited to those who cannot physically walk. However, the rules are considerably more complex. Understanding how PIP, DLA and Attendance Allowance assess needs is crucial as mobility assessments also take account of a person’s ability to navigate, remain oriented and manage risks safely. Someone may be able to walk unaided, yet still meet the criteria where cognitive impairment, sensory difficulties or episodes of confusion make travelling independently unsafe.

Frequently asked questions

Q1. How long do you have to challenge a PIP or DLA decision?

You have one month from the date of the decision, but the DWP can accept late challenges up to 13 months if there is a valid reason for the delay. 

Q2. What is a mandatory reconsideration?

It is the first stage of the appeals process, where a new DWP decision-maker reviews the original decision before it proceeds to a tribunal. 

Q3. Can you appeal after one month?

Yes, as long as the total time since the decision is less than 13 months and there is a reasonable explanation for missing the original deadline. 

Q4. What evidence can support a late appeal?

Evidence might include medical letters, a deputyship order, proof of distress or incapacity, or confirmation that correspondence was sent to the wrong address. 

Q5. Does a deputy need to notify the DWP of their appointment before appealing?

Yes. Deputies should provide a copy of the Court of Protection order confirming their authority to manage the client’s benefits. This helps ensure future correspondence is directed appropriately. 

Conclusion and next steps 

Understanding how and when to challenge welfare benefit decisions is vital for deputies and advisers managing vulnerable clients’ finances. Although the DWP letters emphasise a strict one-month deadline, in practice there is up to 13 months to act when supported by evidence and a reasonable explanation. 

By being proactive, keeping clear records and submitting concise, factual correspondence, deputies can protect their clients’ entitlements and avoid unnecessary delays. Many decisions are successfully overturned or adjusted at the mandatory reconsideration stage without the need for a tribunal. 

For tailored advice on managing welfare benefits within Court of Protection deputyships, contact our specialist Court of Protection team at Anthony Gold Solicitors. Send us your query at mail@anthonygold.co.uk, or call us on 020 7940 4060.