A significant legal amendment by the Department for Work and Pensions (DWP) could result in backdated payments for older claimants of Personal Independence Payment (PIP), especially those receiving the lower rate of the mobility element. This change primarily affects individuals over State Pension age, who may now request a reassessment of their claims, potentially leading to an increase in their mobility component, even if they have stopped receiving the benefit.
Understanding the Legal Shift
This development stems from a tribunal ruling on May 22, 2020, which identified an unintentional loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013. The DWP has since updated its guidelines, clarifying that this change only impacts PIP claims reviewed between April 8, 2013, and November 20, 2020. It specifically pertains to claimants over State Pension age and their eligibility for the enhanced mobility award.
Key Eligibility Criteria
You may be entitled to an increased award for the mobility part of your PIP, even if you have ceased receiving the benefit, if all the following conditions apply:
- Your PIP claim was reviewed between April 8, 2013, and November 20, 2020.
- You were over State Pension age at the time of the review.
- You received the standard rate of the mobility award.
- You did not report a change in your circumstances affecting your mobility needs.
- You had a health professional assessment.
- You continued to receive the standard rate of the mobility award.
- Your decision letter stated that your mobility award could not be increased due to being over State Pension age.
Financial Implications and Benefits
The enhanced mobility rate is currently worth £77.05 per week during this financial year, equating to £308.20 every four-week pay period. An award for the enhanced mobility rate could also enable eligibility for the Motability Scheme, providing additional support for transportation needs. The DWP has assured that if you are currently receiving PIP, your award will not be reduced because of this change, although decisions made by a tribunal cannot be revisited.
How to Apply for a Review
If you believe you may be affected, contact the PIP enquiry line at 0800 121 6579 and mention you are enquiring about the ‘Regulation 27 administrative exercise review’. Be prepared to provide your National Insurance number. Alternatively, you can contact the DWP by post, with full details available on the GOV.UK website. The DWP is actively encouraging potentially eligible individuals to request a review of their claims to ensure they receive any owed payments.
