Older Personal Independence Payment (PIP) claimants who received the lower rate of the mobility element may be able to request a reassessment of their claim following a recent legal change. The Department for Work and Pensions (DWP) has updated its guidance after a tribunal ruling identified a gap in the regulations.
Who Is Affected?
The change applies to PIP claimants over State Pension age whose claims were reviewed between April 8, 2013, and November 20, 2020. Even if you no longer receive PIP, you may still be entitled to an increased award for the mobility component.
Background of the Law Change
On May 22, 2020, a tribunal ruled that Regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013 contained an unintentional gap. The DWP 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 refers to a report from a health professional requested by DWP that recommended the enhanced rate. The DWP could only restrict the award if a relevant change in circumstances occurred after the claimant reached State Pension age. The regulations were corrected from November 30, 2020.
Eligibility for Enhanced Mobility Rate
You may qualify for an increased mobility award if all of the following apply:
- Your PIP claim was reviewed between April 8, 2013, and November 20, 2020.
- You were over State Pension age at the time.
- You received the standard rate of the mobility award.
- You did not report a change in your mobility needs.
- You had a health professional assessment.
- You continued to receive the standard rate.
- Your decision letter stated that the award could not be increased because of your age.
The enhanced mobility rate is currently worth £80.00 per week, or £320.00 every four-week pay period. This award also enables access to the Motability Scheme.
How to Apply
Contact the PIP enquiry line on 0800 121 6579 and mention you are enquiring about the “Regulation 27 administrative exercise review.” You will need your National Insurance number. Alternatively, you can write to DWP; full details are available on the GOV.UK website.
DWP has confirmed that current PIP claimants will not see their award reduced due to this change. However, decisions made by a tribunal cannot be reconsidered.
