Older Brits could claim PIP backpay after DWP mobility assessment rule change

Certain older individuals receiving the Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to request the Department for Work and Pensions (DWP) to reassess their claim due to a change in law. Those over State Pension age might also be eligible for an increased award for the mobility part of PIP, even if they have stopped receiving the benefit - and could be owed backdated payments.

It's crucial to note that this legal change only pertains to claimants over State Pension age and their entitlement to the enhanced mobility award. New DWP guidance clarifies it only applies to PIP claims that were reviewed between April 8, 2013 and November 20, 2020.

This legal 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. The guidance states: "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.

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The fresh guidance continues: "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."

Changes to PIP regulations came into effect from November 30, 2020, to address an unintentional gap, reports the Daily Record. The DWP has also set up a dedicated page on GOV.UK 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 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

DWP also said if you are getting PIP now, they will not reduce your award because of this change. However, it added it cannot look again at any decisions made by a tribunal.

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.

PIP. 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.

DWP said: “If we should have paid you more, we will pay this to you.”

Full details can be found on the GOV.UK website here.