Understand legal terms related to Disability Living Allowance
We explain all the technical terms in plain language
Adviser This is a benefit expert who can give you advice about your claim. They may also be able to help you prepare for the hearing. If you are lucky, you may be able to find an adviser to be your representative at the hearing (see below).
Appeal This means a panel of three experts who do not work for the DWP will look at your claim and see if the right decision was made. If they think the wrong decision was made, they will change it.
Re-determination This is a term used in Scotland and is the same as a 'mandatory reconsideration'.
Attention The law specifies that one kind of help that counts towards entitlement to DLA is ‘attention’. This can be physical help such as spoon-feeding a child or doing buttons up (if they are old enough for other children of the same age to be able to do this without help). Or it can be non-physical help such as prompting a child though the stages of getting dressed, or encouraging a child to eat or stay focused.
Bodily functions The law specifies that entitlement to DLA has to be based on needing extra help with ‘bodily functions’. This is anything to do with the body and how it works, for example eating, drinking, washing, dressing, going to the toilet, sleeping, thinking and communicating.
Clerk to the Tribunal This is the person who organises the hearing and deals with the paper work.
Daily living activities or tasks This means anything that you reasonably need to do every day or most days. This includes things like eating, washing, dressing, taking medication, sleeping and so on, and also learning, communicating, and having fun. Also referred to as ‘bodily functions’ by the DWP. We have used this phrase because we think it is more easily understood.
Department for Work and Pension (DWP) This is the government department that deals with most benefits, including Disability Living Allowance.
Department for Communities (DfC) This is the government department in Northern Ireland that deals with most benefits, including Disability Living Allowance.
Social Security Scotland This is the government department in Scotland that deals with most benefits, including Child Disability Premium (CDP).
Social Security and Child Support Tribunal This is the name for the panel of three experts who do not work for the DWP who will hear your appeal to see if the DWP made the right decision.
HM Courts and Tribunal Service (HMCTS) This is the government department that organises the tribunal and the hearing.
Northern Ireland Courts and Tribunal Service (NICTS) This is the government department in Northern Ireland that organises the tribunal and the hearing.
Hearing This is when your appeal is looked at by the Tribunal. You can either have a hearing in person (also called an ‘oral hearing’) when you go and speak to the Tribunal face to face. Or you can have a written hearing (also called a ‘paper hearing’) when they tribunal just look at the papers again on their own. We strongly advise you to go to a hearing in person. You have a much better chance of success if you do.
Manage your appeal A new service from HMCTS that enables people to manage their appeal online, keep track of progress, and submit further evidence (including video and audio), and a statement. See page x for details of how to use it.
Mandatory Reconsideration This means the DWP will look at their decision again. You must ask for a mandatory reconsideration before you can appeal a decision.
Mandatory Reconsideration Decision Notice This is the letter the DWP sent you to tell you of the Mandatory Reconsideration decision. You will have received two copies. You must include a copy of the mandatory reconsideration decision notice with your appeal form.
Representative This is an expert in benefits who might help you prepare for the hearing and may be able to come with you to help you put your case.
SSCS1 This is the paper form that you can use to ask for an appeal. You can also ask online, using Submit your appeal.
NOA1(SS) This is the paper form that you can use to ask for an appeal in Northern Ireland You can also ask online, using The Appeals Service
Supersession This means having your child’s claim looked at again because their illness or disability has changed since the date of the decision.
Supervision The law specifies that one kind of help that counts towards entitlement to DLA is ‘supervision’. This means where the child needs someone with them to avoid substantial danger. This could be because the child might need to be physically restrained to stop something from happening (for example, running into a road) or where they need to be watched in case something happens (for example, a seizure) and they need help afterwards. All children need some degree of supervision, so to entitle a child to DLA the child must need a lot more supervision than other children their age.
Tribunal Judge This is the person that sits in the middle of the panel who will make a decision on your case. They are legally qualified.
Upper Tribunal This is like a higher court. If you weren't successful in your appeal, you might be able to appeal to the Upper Tribunal, but you can only do this if the panel made a mistake with the law.
