Older PIP claimants may receive back payments due to new DWP rule change

The change in law relates to claimants over State Pension age and their entitlement to the enhanced mobility award
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Certain elderly individuals receiving the lower rate of the mobility element of Personal Independence Payment (PIP) may be eligible to request that the Department for Work and Pensions (DWP) reevaluate their claim due to alterations in legislation. Those beyond the State Pension age may also be entitled to an increased payout for the mobility portion of PIP even if they have ceased receiving the benefit, potentially resulting in substantial backdated payments.

The legislative changes apply exclusively to claimants past the State Pension age and their entitlement to the enhanced mobility award. The fresh DWP advice clarifies this applies only to PIP claims reassessed between April 8, 2013, and November 20, 2020.

A tribunal ruling on May 22, 2020, prompted this change in law, highlighting a previous unintentional oversight in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.

According to the guidance, "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 guide adds: "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.", reports the Daily Record. Changes to Personal Independence Payment (PIP) regulations came into effect from November 30, 2020, to address an unintentional gap.

The Department for Work and Pensions (DWP) has also set up a dedicated page on the GOV. UK website to assist individuals in checking their eligibility and requesting a review of their PIP claim - if their mobility award could not be increased due to reaching State Pension age.

Who might qualify for the enhanced mobility rate of PIP?

The guidelines clarify that if the DWP used a health professional's report when reviewing your claim, and you had not reported a change in your mobility needs, you might be eligible for an increase in your mobility award. This is because we should not have informed you that it could not be increased due to reaching your State Pension age - you might have received more money.

The enhanced mobility rate is currently worth £75.75 per week during this financial year, equating to approximately £303 every four-week pay period. An award for the enhanced mobility rate could also enable someone to join the Motability Scheme, assisting them with transportation.

Eligibility

You may be entitled to an increased award for the mobility component of your PIP, even if you are no longer receiving PIP, if all of the following conditions are met:

you had your PIP claim reviewed between April 8, 2013 and November 20, 2020 you were over State Pension age you received the standard rate of the mobility award you did not report a change in your circumstances that affected your mobility needs you had a health professional assessment which recommended the enhanced rate of the mobility award you continued to receive the standard rate of the mobility award your decision letter told you we could not increase your mobility award because you were over State Pension age

How to apply.

Reach out to the PIP enquiry line on 0800 121 6579 and mention you're calling about the 'Regulation 27 administrative exercise review'. Remember to have your National Insurance number handy.

For PIP matters, you can also get in touch via post; all the necessary details are available on the GOV.UK website here.

You can find comprehensive information on the GOV.UK website here.