The mobility component of Personal Independence Payment (PIP) could be reconsidered for some elderly claimants at the lower rate because of recent legal changes. Consequently, there is a possibility that these individuals will be entitled to an increase in their mobility award with retroactive effect.
Particularly, these new changes deal specifically with the eligibility of claimants over State Pension age for the higher rate of mobility component. The latest guidance from DWP confirms that these alterations apply to PIP claims reviewed between 8 April 2013 and 20 November 2020.
The adjustment is as a result of an adjudication by a tribunal dated 22 May 2020 which identified a regulatory gap in the Social Security (Personal Independence Payment) Regulations 2013.
The DWP's guidance explains:
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.
This would have meant that if any new medical evidence suggested increased rates of mobility award, it was wrong for DWP to restrict it based on the applicant’s age. The restriction on this allowance was only valid if a relevant change in circumstances had been identified after the claimant attained State Pension age.
PIP Regulation Changes
On November 30, 2020 the PIP regulations underwent changes to correct this oversight. To help individuals determine if they are eligible and request a review of their PIP claim in case their mobility award was not increased due to reaching the State Pension age, the DWP has provided a dedicated page on the GOV.UK website.
The guidance says that if your PIP claim has been reviewed using a report from a health professional, and you were not informing them about any change in your mobility needs, then you might be entitled to an increase in mobility award. This is because it is wrong for DWP to say that your mobility award will not be increased by age alone.
This approximately amounts up to £303 every four weeks, which is currently placed at £75.75 per week of enhanced rates of mobility allowance. Moreover, if enhanced rate eligibility is met, participation in Motability Scheme would help with transport challenges.
Eligibility Criteria
You may be eligible for an increased mobility award if:
- Your PIP claim was 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 any change in your mobility needs.
- A health professional's assessment recommended the enhanced mobility rate.
- You continued to receive the standard rate of the mobility award.
- Your decision letter stated that an increase could not be made due to your age.
The DWP however assures that this change will not cause reduction of current awards for PIP recipients, even though decisions made by tribunals cannot be revisited.
How to Apply
For any review requests, call PIP enquiry line by 0800 121 6579 and refer to ‘Regulation 27 administrative exercise review’. Get your National Insurance number out. Another option is to write to the DWP with details on the GOV.UK website.
As soon as you get in touch with them, The DWP will notify you whether there is more that they need. Whether a higher payment was due will be determined by the DWP if you are found eligible.
The DWP said: “If we should have paid you more, we will pay this to you.” For all detailed information, go to GOV.UK website.