Older PIP claimants who received the lower rate of mobility might be eligible for increased payments due to a recent legal change. The Department for Work and Pensions (DWP) is reviewing claims made between April 8, 2013, and November 20, 2020, to ensure individuals over State Pension age received the correct mobility award.
Some older individuals who received the Personal Independence Payment ( PIP ) with an award for the lower rate of mobility element may be eligible to request the Department for Work and Pensions ( DWP ) to reassess their claim due to recent changes in legislation. Those over State Pension age might also be eligible for an increased award for the mobility part of PIP , even if they are no longer receiving the benefit - and could be owed backdated payments.
It's crucial to understand that this legal change only applies to claimants over State Pension age and their entitlement to the enhanced mobility award. New DWP guidance clarifies that it only applies to PIP claims that were reviewed between April 8, 2013, and November 20, 2020. This legislative change follows a tribunal ruling on May 22, 2020, which highlighted an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013, as reported by The Record.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. 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 Personal Independence Payment (PIP) regulations came into effect from November 30, 2020, to address this unintentional gap. The Department for Work and Pensions (DWP) has also established 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.The guidance clarifies that if the DWP utilized a health professional's report when reviewing your claim, and you had not reported a change in your mobility needs, you might be entitled to an increase in your mobility award. This is because the DWP should not have informed you that it could not be increased due to reaching your State Pension age - you may have received more money. The enhanced mobility rate currently stands at £75.75 per week during this financial year, equating to £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 eligible for 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; and your decision letter told you we could not increase your mobility award because you were over State Pension age.The DWP also stated that if you are currently receiving PIP, your award will not be reduced as a result of this change. However, it added that it cannot revisit 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. You can also contact them by post, full details are on the GOV.UK website here.Next steps Once you've made the call, the DWP will inform you if additional information is needed to support your application. If you meet the eligibility criteria, they will verify whether you should have received a higher payment. The DWP stated: 'If we should have paid you more, we will pay this to you.' For more information, visit the GOV. UK website
PIP Personal Independence Payment Mobility Award Department For Work And Pensions DWP State Pension Age Regulation 27 GOV.UK Social Security Benefits
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