Certain older people claiming Personal Independence Payment (PIP) with the lower mobility rate may now be able to request the Department for Work and Pensions (DWP) reassess their case following a recent legal amendment. Even pensioners beyond State Pension age who have ceased receiving the benefit could be entitled to an enhanced mobility award.
The legal shift exclusively affects claimants over State Pension age and their eligibility for the enhanced mobility component. DWP guidance clarifies it is only relevant to PIP claims reviewed between April 8, 2013 and November 20, 2020.
The legislative change stems from a tribunal decision on May 22, 2020, which exposed an inadvertent loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013. According to the guidance, the DWP did not have the legal powers to restrict the mobility award for claimants who were in receipt of the standard rate and over State Pension age on the grounds of new medical evidence. Amendments to PIP regulations came into force on November 30, 2020 to rectify this unintended gap.
The DWP is urging anyone who suspects they may have been impacted to request a review of their claim. You may be eligible for an increased award for the mobility component of your PIP, even if you are no longer receiving PIP, if all conditions are met. The DWP has also said that if you are getting PIP now, they will not reduce your award because of this change, but it cannot look again at any decisions made by a tribunal.
To enquire, 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.
