A significant legal update means thousands of older people receiving Personal Independence Payment (PIP) could be entitled to a backdated payment of up to £308. The change follows the closure of an unintended loophole in the regulations.
Who Is Affected by the PIP Rule Change?
The development specifically affects claimants who were over State Pension age and had their PIP claim reviewed between 8 April 2013 and 20 November 2020. If you received the standard rate of the mobility component during that period, you may now be eligible for the enhanced rate.
This stems from a tribunal decision on 22 May 2020 which found a flaw in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013. The Department for Work and Pensions (DWP) has now issued fresh guidance confirming it did not have the legal power to restrict mobility awards for pensioners based solely on new medical evidence, unless a change in their circumstances was identified.
What Could You Be Owed?
The enhanced mobility rate is currently worth £77.05 per week. This equates to £308.20 for every standard four-week assessment period. Any backdated award could cover the entire period from when you were wrongly denied the higher rate.
Critically, securing the enhanced rate also opens the door to the Motability Scheme, which helps people lease a car, scooter or wheelchair to meet their mobility needs. The DWP has stated that if you are currently receiving PIP, your award will not be reduced as a result of this review.
Check Your Eligibility and How to Apply
You might qualify for a higher award, even if you no longer receive PIP, if all the following conditions are met:
- Your PIP claim was reviewed between 8 April 2013 and 20 November 2020.
- You were over State Pension age at the time.
- You received the standard rate of the mobility award.
- You did not report a change in circumstances affecting your mobility.
- You had a health professional assessment.
- Your decision letter stated your mobility award could not be increased because you were over State Pension age.
To request a review, you must contact the PIP enquiry line on 0800 121 6579. You should mention that you are enquiring about the 'Regulation 27 administrative exercise review' and have your National Insurance number ready. You can also write to the DWP; full contact details are available on the GOV.UK website.
The legal correction came into force on 30 November 2020, and the DWP is now urging anyone who believes they were impacted to come forward. This is a crucial opportunity for eligible pensioners to secure the financial support they were always entitled to.
