After a change in the law, some groups of older individuals receiving Personal Independence Payment (PIP) and receiving an award for the lower rate of mobility element may be entitled to request that the Department for Work and Pensions (DWP) review their claim.
Even if they are no longer receiving the benefit, people above the State Pension age may still be eligible for an additional award for the PIP's mobility component.
It's crucial to understand that the legal change only affects claimants who are older than the State Pension age and their eligibility for the increased mobility award. It only pertains to PIP applications that were examined between April 8, 2013, and November 20, 2020, according to new DWP guidelines.
Tribunal Verdict Leads to PIP Mobility Award Changes for Elderly Claimants
Following an inadvertent gap in rule 27 of the Social Security (Personal Independence Payment) Regulations 2013, a tribunal verdict on May 22, 2020, led to this legislative modification.
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.”
November 30, 2020, saw the implementation of changes to PIP laws to close this inadvertent gap.
In addition, DWP has established a specific webpage on GOV.UK to assist individuals in determining their eligibility and requesting a review of their PIP claim in the event that their mobility award was reduced due to reaching State Pension age.
Qualifications
Even if you are no longer receiving PIP, you can be eligible for an additional award for the mobility portion of your benefits if any of the following conditions are met:
- Your PIP claim was reviewed between April 8, 2013, and November 20, 2020.
- You were over the State Pension age.
- You received the standard rate of the mobility award.
- You did not report a change in circumstances that affected your need for mobility.
- You underwent a health professional assessment.
- You continued to receive the standard rate of the mobility award.
- Your decision letter informed you that we were unable to increase your mobility award because you were over the State Pension age.
Additionally, the DWP stated that if you now get PIP, this change will not result in a reduction of your award. It did, however, state that it was unable to review any tribunal decisions.
How to apply
Call the PIP inquiry line at 0800 121 6579 and mention that you have questions regarding the ‘Regulation 27 administrative exercise review’.
Your National Insurance number is required.
Following your call, DWP will notify you if any additional information is required to support your application.
If you are eligible, DWP will investigate whether you should have received a higher salary.
"We will pay this to you if we should have paid you more," the DWP stated.