A significant legal amendment could see thousands of older recipients of Personal Independence Payment (PIP) receive substantial backdated sums from the Department for Work and Pensions (DWP).
Who is Affected by the PIP Rule Change?
The change specifically impacts individuals who were over State Pension age and had their PIP claim reviewed by the DWP between 8 April 2013 and 20 November 2020. Crucially, this includes pensioners who have since stopped receiving the benefit altogether.
At the heart of the issue was an inadvertent legal loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013. This flaw was exposed by a tribunal decision on 22 May 2020.
The DWP's guidance clarifies that the department did not have the legal power to restrict a mobility award for claimants over State Pension age solely based on new medical evidence recommending the enhanced rate. Restrictions were only permissible if a relevant change in the claimant's own circumstances was identified after reaching pension age.
What This Means for Eligible Claimants
If you are eligible, you could be owed the enhanced mobility rate, which is currently worth £77.05 per week. This equates to £308.20 every four-week assessment period. Furthermore, qualifying for the enhanced rate can open the door to the Motability Scheme, providing vital assistance with transportation.
The DWP has stated that if you are currently receiving PIP, your award will not be reduced as a result of this review. However, the department cannot revisit decisions that were made by a tribunal.
Check Your Eligibility for Backdated PIP
You may qualify for an increased mobility award, even if you no longer get PIP, if all of the following conditions apply to your case:
- Your PIP claim was reviewed between 8 April 2013 and 20 November 2020.
- You were over State Pension age at the time.
- You were receiving the standard rate of the mobility award.
- You did not report a change in your circumstances that affected your mobility needs.
- You had an assessment with a health professional.
- You continued to receive the standard mobility rate.
- Your decision letter stated your mobility award could not be increased because you were over State Pension age.
How to Request a Review of Your PIP Claim
The DWP is urging anyone who believes they may have been affected to come forward. To request a reassessment, you should contact the PIP enquiry line on 0800 121 6579.
When you call, you need to state that you are enquiring about the 'Regulation 27 administrative exercise review'. Have your National Insurance number ready. You can also apply by post; full details are available on the official GOV.UK website.
Amendments to correct this legal gap came into force on 30 November 2020, but the door remains open for those who lost out in the preceding years to claim what they are owed.
