The Department for Work and Pensions (DWP) is urging older Personal Independence Payment (PIP) claimants who received the standard rate of the mobility element to request a review of their claim, following a recent change in the law. This change could entitle them to backdated payments worth up to £5,600 or more.
Who Is Affected by the PIP Mobility Rule Change?
The law change applies only to claimants who were over State Pension age and had their PIP claim reviewed between April 8, 2013, and November 20, 2020. During this period, the DWP incorrectly used a health professional's report to restrict the mobility award for those receiving the standard rate, even if new medical evidence recommended the enhanced rate. According to DWP guidance, the department lacked the legal power to do so unless a relevant change in circumstances was identified after the claimant reached State Pension age.
Background of the Tribunal Ruling
This 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 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 is a report from a health professional requested by DWP which recommended the enhanced rate of the mobility award.” The regulations were amended from November 30, 2020, to correct this gap.
Potential Back Payments and Enhanced Rate
The enhanced mobility rate is currently worth £80.00 per week, or £320.00 every four-week pay period. Claimants who are now awarded the enhanced rate may also qualify for the Motability Scheme, which helps with transport needs. DWP has stated it will not reduce any existing PIP award because of this review, but it cannot overturn decisions made by a tribunal.
Eligibility Criteria for a Review
To be eligible, claimants must meet all of the following conditions: had a PIP claim reviewed between April 8, 2013, and November 20, 2020; were over State Pension age; received the standard rate of the mobility award; did not report a change in circumstances affecting mobility; had a health professional assessment; continued to receive the standard rate; and were told in the decision letter that the award could not be increased due to being over State Pension age.
How to Apply for a Review
Claimants can contact the PIP enquiry line on 0800 121 6579 and mention they are enquiring about the “Regulation 27 administrative exercise review.” They will need their National Insurance number. Alternatively, they can apply by post, with full details available on the GOV.UK website.
