Older PIP Claimants May Be Owed Back Payments After New Mobility Rule Change

Certain groups of older people on Personal Independence Payment (PIP) with an award for the lower rate of the mobility element may be able to ask the Department for Work and Pensions (DWP) to review their claim following a change in the law. People who are over State Pension age may also be entitled to an increased award for the mobility part of PIP, even if they have stopped receiving the benefit. In some cases, they may be due backdated payments.

What Is the Change in Law?

The change in law only applies to claimants over State Pension age and their entitlement to the enhanced mobility award. It concerns PIP claims that were reviewed between April 8, 2013 and November 20, 2020. This law change follows a tribunal ruling on May 22, 2020, which identified an unintentional gap in the Social Security (Personal Independence Payment) Regulations 2013.

The ruling found that the DWP did not have the legal power to restrict the mobility award for claimants who were over State Pension age and receiving the standard rate of the mobility award. This was especially relevant when new medical evidence—typically a report from a health professional—suggested they were eligible for the enhanced rate.

The law was amended to correct this gap on November 30, 2020.

Who May Be Eligible for the Pip Enhanced Mobility Rate?

Eligibility for an increased mobility award could apply to claimants who meet the following criteria:

• Their PIP claim was reviewed between April 8, 2013, and November 20, 2020.
• They were over State Pension age at the time.
• They were receiving the standard rate of the mobility award.
• They did not report any changes in their circumstances that affected their mobility needs.
• A health professional's report during the review recommended the enhanced mobility rate.

If you met these conditions but were told that your mobility award could not be increased due to your age, you might be entitled to backdated payments.

The enhanced mobility rate is worth £75.75 per week during the current financial year, or approximately £303 every four weeks. This increased rate may also make claimants eligible for the Motability Scheme, which can assist with the cost of a car, powered wheelchair, or scooter.

How to Apply for a Review

If you believe you may be eligible for a review of your PIP claim, you can contact the PIP enquiry line at 0800 121 6579 and inform them that you're enquiring about the ‘Regulation 27 administrative exercise review’. Make sure to have your National Insurance number ready.

Alternatively, you can contact the DWP by post. Full contact details are available on the GOV.UK website.

What Happens After You Apply

Once you contact the DWP, they will inform you if you need to provide any additional information to support your application. If you meet the eligibility criteria, the DWP will review your claim to see if you should have been receiving a higher mobility rate. If the review shows you were entitled to a higher rate, they will backpay the difference.

However, the DWP has clarified that if you are currently receiving PIP, they will not reduce your award because of this change. The review will not apply to decisions made by a tribunal.