Many older PIP claimants who receive the low rate of the mobility component may be able to request a review of their claim from the Department for Work and Pensions (DWP) due to a recent change in the law.
People over State Pension age could also qualify for an increased mobility award, even if their benefits have ceased, and may be due backdated payments.
PIP Mobility Rule Change Offers Back Payments to Older Claimants
It’s important to know that the recent legal change specifically affect claimants over State Pension age and their eligibility for the enhanced mobility award. According to new DWP guidance, this applies only to PIP claims reviewed between April 8, 2013 and November 20, 2020.
This change in law stems from a tribunal ruling on May 22, 2020 which highlighted an unintentional gap in regulation 27 of the Social Security (PIP) Regulations 2013.
The guidance says: “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.”
PIP law changes became effective from November 30, 2020 to fix this unintentional gap.
The DWP has also created a dedicated page on GOV.UK to assist individuals in verifying their eligibility and requesting a review of their PIP - if their mobility award could not be increased due to reaching State Pension age.
Who Qualifies for PIP Enhanced Mobility Rate?
The guidance states that if the DWP relied on a health professional report when assessing your claim, and you did not report a change in your mobility needs, you may qualify for a rise in your mobility award.
The enhanced mobility rate amounts to £75.75 per week for this fiscal year, which totals £303 every four-week pay period. This award can also grant access to Motability Scheme, that can assist with transportation needs.
Eligibility Criteria
You may be eligible for an increased award for the mobility component of your PIP even if you have ceased receiving PIP, if all the following conditions are met:
- Your PIP claim was reviewed between April 8, 2013 and November 20, 2020.
- You reached State Pension age.
- You received the standard rate of the mobility award.
- You haven't reported a change in your circumstances that impacted your mobility needs.
- You had a health professional assessment that recommended the increased rate of the mobility award.
- You kept receiving the standard rate of the mobility award.
- Your decision letter informed you that your mobility award could not be increased because you were over State Pension age.
The DWP also stated that if you are receiving PIP now, your award wouldn't be reduced because of this change. However, it included that it cannot look again at any decisions issued by a tribunal.
How to Submit an Application
Call the PIP enquiry line on 0800 121 6579 and ask about the ‘Regulation 27 administrative exercise review’.
You will need to provide your National Insurance number.
You can also reach out to them by post. For more details, visit the GOV.UK website.
The DWP will let you know if you need to provide additional information to support your application.
If all the eligibility criteria are met, DWP will verify whether you should have received additional payments.
The DWP included: “If we should have paid you more, we will pay this to you.”