DWP PIP backdated payments may be due for older people

Older people on PIP with lower rate mobility may be able to ask DWP to review their claim following a tribunal ruling on regulation 27

Certain groups of older people on Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to request the Department for Work and Pensions (DWP) to review their claim following a recent change in legislation. Those over State Pension age may also be entitled to an increased award for the mobility component of PIP, even if they have stopped receiving the benefit.

It is important to note, however, that the change in law solely relates to claimants over State Pension age and their entitlement to the enhanced mobility award. DWP guidance confirms it only applies to PIP claims that were reviewed between April 8, 2013, and November 20, 2020.

This legislative change follows a tribunal ruling on May 22, 2020, which identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.

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,” reports the Daily Record.

Amendments to PIP regulations came into force on November 30, 2020, to address this unintentional 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 upon a health professional’s report when reassessing claims, and if you had not flagged any change in your mobility requirements, you could be entitled to an uplift in your mobility award.

This is because the DWP should not have informed you that it could not be increased on the grounds that you had reached State Pension age — meaning you may have been entitled to additional funds.

The enhanced mobility rate is worth £80 each week during the current financial year, some £320 every four-week pay period. An award for the enhanced mobility rate could also enable 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 ceased receiving PIP, if all of the following apply:

• You had your PIP claim reviewed between April 8, 2013 and November 20, 2020
• Youwere over State Pension age
• Youreceived the standard rate of the mobility award
• Youdid not report a change in your circumstances that affected your mobility needs
• Youhad a health professional assessment
• Youcontinued 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 confirmed that if you are currently receiving PIP, your award will not be reduced as a result of this change. However, it noted that it is unable to revisit any decisions made by a tribunal.

How to apply

Contact the PIP enquiry line on 0800 121 6579 and say 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 on the GOV.UK website here.

Full details can be found on the GOV.UK website here.