Are you due a back payment on PIP? Change to mobility assessment rule could allow a claim
The change follows a tribunal ruling on May 22, 2020, which identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.
A change in the rules around mobility assessments for Personal Independence Payments (PIP) means certain groups of older people may be owned money.
The change only relates to claimants over State Pension age and their entitlement to the enhanced mobility award.
New guidance issued by the Department of Work and Pensions (DWP) explains this access to back payments would only apply to PIP claims that were reviewed between April 8, 2013, and November 20, 2020, the Record reported.
The change follows a tribunal ruling on May 22, 2020, which identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.
It appears that the DWP had been wrongly restricting the mobility award element of PIP when claimants had reached pension age even when there was new medical evidence to support the claim.
Explaining the error, the department said: “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.
“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.”
PIP rules were changed on November 30, 2020, to give the DWP the powers to retrict the mobility awards. However, this means that any claims made between April 2013 and November 2020 are open to review with the possibility that those involved are due a back payment.
The DWP has launched a dedicated page on GOV.UK to help people check eligibility and ask for their PIP claim to be reviewed - if their mobility award could not increase because they had reached State Pension age.
Who may be eligible for PIP enhanced mobility rate?
The guidance explains 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.
This is because we should not have told you it could not be increased because you had reached your State Pension age - you may have got more money.
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.
Eligibility
You may be entitled to an increased award for the mobility part of your PIP, even if you have stopped getting PIP, if all of the following apply:
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
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 here.
What happens after you call
DWP will tell you if you need to provide more information to support your application.
If you meet the eligibility criteria, DWP will check to see if you should have been paid more.
