Some older people on Personal Independence Payment (PIP) could be entitled to backdated payments for enhanced mobility rate following a tribunal ruling and regulatory changes affecting claims between 2013 and 2020
Some older people claiming a DWP benefit could get more money. Some groups of pensioners on Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to ask the DWP to reassess their claim.
It follows a recent change in legislation. Those over State Pension age may also be eligible for an increased award for the mobility part of PIP even if they no longer receive the benefit.
However, the change in law only relates to claimants over State Pension age and their entitlement to the enhanced mobility award. Department for Work and Pensions guidance clarifies it only applies to PIP claims that were reviewed between April 8, 2013, and November 20, 2020.
This legal amendment follows a tribunal ruling on May 22, 2020 which highlighted an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013, reports the Mirror.
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 effect from November 30, 2020, to rectify this unintentional gap. The DWP is urging anyone who believes they may have been affected to request a review of their claim.
Who might qualify for the PIP enhanced mobility rate?
The DWP previously relied on a health professional report when assessing your claim, and if you hadn’t reported 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 couldn’t be increased due to reaching State Pension age – meaning you could have received additional money.
The enhanced mobility rate is currently valued at £77.05 per week during this financial year, totalling £308.20 every four-week payment period. An enhanced mobility rate award could also allow someone to access the Motability Scheme, assisting them with transportation.