New DWP PIP mobility assessment rule could mean people are owed backpayments

A new change to Personal Independence Payment (PIP) mobility assessment rule could see older people due back payments. The Department for Work and Pensions ( DWP ) could owe PIP claimants cash thanks to a change to assessements.

The change in law relates to claimants over State Pension age and their entitlement to the enhanced mobility award and follows a tribunal ruling on 22 May 2020 which identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.

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.

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DWP were only able to restrict the mobility award for claimants if a relevant change in circumstances was identified after they reached State Pension age. Changes to PIP regulations took effect from 30 November 2020 to correct this unintentional gap.

If the DWP used a health professional report when reviewing your claim, and you had not reported a change in your mobility needs, you may be entitled to an increase in your mobility award. The enhanced mobility rate is worth £75.75 each week during the current financial year, some £303 every four-week pay period. An award for the enhanced mobility rate, could also enable someone to join the Motability Scheme, to help them get around.

The DWP said: "If you think you are affected, you can find out about the eligibility criteria and how to apply for a revision of your mobility award. This may also apply to claimants who have died. If you are the person dealing with the estate and think they may have been affected you can contact DWP."