Certain groups of older people on Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to ask the Department for Work and Pensions (DWP) to look again at their claim following a recent change in the law. People over State Pension age may also be entitled to an increased award for the mobility part of PIP even if they have stopped getting the benefit.
Change in law and eligibility
However, it is important to be aware the change in law only relates to claimants over State Pension age and their entitlement to the enhanced mobility award. DWP guidance explains it only applies to PIP claims reviewed between April 8, 2013, and November 20, 2020.
This change in law 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.”
Changes to PIP regulations took effect from November 30, 2020, to correct this unintentional gap.
Who may be eligible
DWP is encouraging anyone who thinks they may have been affected to ask for their claim to be reviewed. DWP previously used a health professional report when reviewing your claim, and if you had not reported a change in your mobility needs, you may be entitled to an increase in your mobility award.
This is because DWP should not have told you it could not be increased because you had reached State Pension age - which means you could have got more money. The enhanced mobility rate is worth £80.00 each week during the current financial year, some £320.00 every four-week pay period. An award for the enhanced mobility rate could also enable someone to join the Motability Scheme to help them get around.
You may be entitled to an increased award for the mobility part of your PIP, even if you have stopped getting 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.
DWP has also previously said if you are getting PIP now, they will not reduce your award because of this change. However, it added it cannot look again at 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.
