Certain older people on Personal Independence Payment (PIP) may be entitled to backdated mobility payments from the DWP following a change in the law
Certain older recipients of Personal Independence Payment (PIP) who receive the lower rate of the mobility element may be eligible to request that the Department for Work and Pensions (DWP) review their claim, following a recent legislative amendment. Those who have reached State Pension age could also qualify for an enhanced mobility award, even if they are no longer receiving the benefit.
It is crucial to note, however, that the legislative change applies solely to claimants of State Pension age and their entitlement to the enhanced mobility award. DWP guidance confirms it only covers PIP claims reviewed between April 8, 2013, and November 20, 2020.
This legal amendment stems from a tribunal ruling on May 22, 2020, which identified an inadvertent gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013, reports the Daily Record.
The guidance states: “DWP did not have the legal powers to restrict the mobility award for claimants who were in receipt of the standard rate of the mobility award and over State Pension age, on the grounds of new medical evidence. New medical evidence is a report from a health professional requested by DWP which recommended the enhanced rate of the mobility award.
“DWP were only able to restrict the mobility award for claimants if a relevant change in circumstances was identified after they reached State Pension age.”
Amendments to PIP regulations came into force on November 30, 2020, in order to address this unintentional legislative oversight. The DWP is urging anyone who believes they may have been affected to request a review of their claim.
Who may be eligible for PIP enhanced mobility rate?
The DWP previously relied on a health professional report when assessing your claim, and if you had not notified them of a change in your mobility requirements, you may be entitled to an uplift in your mobility award.
This is because the DWP should not have informed you it could not be increased due to reaching State Pension age – meaning you could have received additional funds.
The enhanced mobility rate is worth £80.00 per week during the current financial year, approximately £320.00 every four-week payment period. An award for the enhanced mobility rate could also allow someone to join the Motability Scheme, to assist them with getting around.
Eligibility
You may be entitled to an increased award for the mobility component of your PIP, even if you have stopped receiving PIP, if all of the following apply:
- You had your PIP claim reviewed between April 8, 2013 and November 20, 2020
- You were over State Pension age
- You received the standard rate of the mobility award
- You did not report a change in your circumstances that affected your mobility needs
- You had a health professional assessment
- You continued to receive the standard rate of the mobility award
- Your decision letter told you we could not increase your mobility award because you were over State Pension age
The DWP has also previously stated that if you are currently receiving PIP, they will not reduce your award due to this change. However, it added it cannot revisit any decisions made by a tribunal.
How to apply
Contact the PIP enquiry line on 0800 121 6579 and state you are enquiring about the ‘Regulation 27 administrative exercise review’.
You will need your National Insurance number. You can also contact them by post, full details are available on the GOV.UK website here. Full details can be found on the GOV.UK website here.
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