A COUPLE on PIP has been left “shell-shocked” after learning that they’re due £12,000 in back payments after a huge rule change.
It comes after an administrative exercise by the Department for Work and Pensions (DWP) revealed that 326,000 PIP claimants could be due back pay.
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This week, the wife of an affected claimant wrote to the Benefits and Work website, and said: “My partner received a missed call Tuesday, and a text received stating they will call back Wednesday morning.
“It sent him in a whirlwind, thinking they were going to stop his entitlement.
“The lady called as previously stated, spoke about the situation in hand and advised he would be receiving a payment in the coming days for almost £12,000.
“It has definitely come as a shock to say the least.
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“I can confirm we hadn’t made any contact with the DWP in regards to this, they just contacted us.”
Some 326,000 PIP claimants could be due back pay and the DWP is urging those affected to come forward.
It comes after a Supreme Court judgment in July 2019, following an Upper Tribunal decision, changed the way the DWP defines ‘social support’ in one of the assessed PIP categories.
Dubbed the “MM” judgement, the DWP realised that hundreds of thousands could now be due additional support.
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It means that people may not have been given one of the two elements of PIP when they were actually entitled to it.
Others may have been awarded the standard rate but should have received the enhanced rate, which is a higher amount.
In response, the DWP began an administrative exercise in 2021, looking at PIP claims since April 6, 2016 to check whether claimants may be eligible for more support.
In its latest update, the DWP says it identified around 326,000 cases to be reviewed.
Around 79,000 cases reflecting MM judgement have been reviewed so far and arrears totalling around £74million have been paid out to 14,000 people.
The exact amount of backdated PIP payments you could be eligible for will depend on your own circumstances – but the average payout works out at around £5,285 per claim.
The DWP has recently prioritised terminally ill and recently deceased claimants to test processes and communications with claimants to ensure they are effective “before ramping up”.
The department said: “We are monitoring the numbers of, and reasons for, revised awards closely and making regular quality checks to ensure our decision-making is accurate and fair.
“We are committed to making backdated payments to all claimants affected by this judgment as quickly as possible.
“So, as well as continuing to review claims affected by the definition of ‘social support’, we are also testing a more proportionate approach for claimants who might be affected by the timing element only.
“We will be inviting around 284,000 claimants in this group to contact the department if they think their claim is affected by this judgment and they were not previously identified as needing help to engage with other people face to face because any help they received was in advance.”
Who is affected?
There are two elements to PIP – a daily living part if you need help with everyday tasks and a mobility part if you need help with getting around.
Claimants eligible for each element are then awarded a standard or enhanced allowance.
When you apply for the benefit, you’ll receive points between zero and eight under ten different “daily living activities”.
Those receiving the highest figure count are more likely to be awarded the enhanced payment – which is greater than the standard PIP entitlement.
The standard allowance for the daily living part of PIP is currently worth £68.10 a week and the enhanced rate is worth £101.75 a week.
One of the activities scored, otherwise known as activity nine, assesses a claimant’s ability to engage with other people face-to-face.
However, a Supreme Court judgment in July 2019, following an Upper Tribunal decision, changed the way the DWP defines “social support” in activity number nine.
The DWP realised that hundreds of thousands could now be due additional points for this activity in a move which could increase a claimant’s payments.
It means that people may have not been entitled to the daily living element of PIP when they were actually eligible.
Others may have been awarded the standard rate but should have actually received the enhanced rate.
However, the DWP is not reviewing claims if:
- The enhanced rate of the daily living part of PIP has been awarded continuously since April 6, 2016
- A Tribunal made a decision on a claim since April 6, 2016
- A decision not to award PIP was made before April 6, 2016
Halide Kalfaoglu, benefits expert at anti-poverty charity Turn2us, says: “This change to the PIP daily living component assessment rules has been in place since 2016. Since 2021, but the DWP has been reviewing PIP claims to see if any claimants are owed money. It’s an ongoing process and is expected to finish by 2026.
“A specific group of claimants are invited to contact the DWP if they think their claim is affected by this judgment.
“This includes those who currently score nine in their PIP assessment, where the prompting they receive should be considered as ‘social support’ and means scoring an extra two points.
“Those who score nine in their PIP assessment, who might benefit on just the timing part of the judgment (support in advance of the activity).”
If you’ve been contacted by the DWP or think you are affected by the MM judgement, you’ll need to appeal your PIP decision.
How do I appeal a PIP decision?
If you think a PIP decision was wrong, you can challenge it.
If you’ve been contacted by the DWP or think your PIP payments may be affected by the MM judgement you should ask for a “mandatory reconsideration notice”.
This is where the DWP looks at your claim decision again.
If you are still unhappy with this outcome, you can then appeal to an independent tribunal.
You must send your appeal form within one month of the date shown on the mandatory reconsideration notice.
Be warned that it usually takes up to six months for an appeal to be heard by the tribunal.
Before it gets to the tribunal, the DWP can make a revision to the original claim.
If you’re unhappy with the decision you get from the tribunal, you may be able to get the decision cancelled – known as “set aside”. You’ll be told how to do this at the time.
You may also be able to appeal to the Upper Tribunal (Administrative Appeals Chamber) if you think the tribunal wasn’t able to give you proper reasons for its decision, or back up the decision with facts, or if it failed to apply the law properly.
Full details about challenging your PIP decisions can be found on Gov.UK.
You can get advice and support for appealing a decision for free from organisations like Citizens Advice.
What are the current PIP rates?
PIP is made up of two parts, and whether you get one or both of these depends on how severely your condition affects you.
How much you get also depends on how your condition affects you.
You may get the mobility part of PIP if you need help going out or moving around. The weekly rate for this is either £26.90 or £71.
While on the daily living part of PIP, the weekly rate is either £68.10 or £101.75 – and you could get both elements, so up to £172.75 in total.
Payments are usually made every four weeks directly into your bank account, and they’re tax-free.
If you get PIP and constant attendance allowance or war pensioners’ mobility supplement, the daily living part of your PIP will be reduced.
Benefit payments are also rising by 6.7% from April, in line with the consumer price index (CPI) level of inflation for September 2023.
It will mean those on the daily living part of PIP will see their payments rise to either £72.65 or £108.55 a week.
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The payments for the mobility part of pip will rise to £28.70 or £75.75 a week at the same time in April.
We’ve revealed the exact amount that other benefits are rising in April – including Universal Credit and Pension Credit.
