Thousands owed £10,000s a year in benefits after DWP error – are you owed PIP payments?
THOUSANDS of PIP claimants could be owed back payments due to a fresh eligibility error.
The Department for Work and Pensions (DWP) has launched a new review of past claims for personal independence payments (PIP) and thousands could be owed £10,000s back.
However, it’s important to check your eligibility for back pay regarding this issue, as the DWP will only review your case if they make contact.
The department has confirmed that thousands of older claimants were wrongly denied the ability to claim an enhanced premium, now worth £75.75 a week.
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.
Up to this point, older claimants who have reached the State Pension age can’t have an award of the standard rate of the PIP mobility award increased to enhanced.
However, the DWP has now reversed this rule and said that those who were awarded the high rate during a health assessment should be entitled to it.
You could be entitled to backway worth £1,000 irrespective of whether or not you still claim PIP.
However, you’ll need to make a claim.
We’ve explained who’s eligible and how to request for your PIP award to be looked over again below.
What is PIP?
HOUSEHOLDS suffering from a long-term illness, disability or mental health condition can get extra help through personal independence payments (PIP).
The maximum you can receive from the Government benefit is £184.30 a week.
PIP is for those over 16 and under the state pension age, currently 66.
Crucially, you must also have a health condition or disability where you either have had difficulties with daily living or getting around – or both- for three months, and you expect these difficulties to continue for at least nine months (unless you’re terminally ill with less than 12 months to live).
You can also claim PIP if you’re in or out of work and if you’re already getting limited capability for work and work-related activity (LCWRA) payments if you claim Universal Credit.
PIP is made up of two parts and whether you get one or both of these depends on how severely 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 £28.70 or £75.75.
While on the daily living part of PIP, the weekly rate is either £72.65 or £105.55 – and you could get both elements, so up to £184.30 in total.
You can claim PIP at the same time as other benefits, except the armed forces independence payment.
Make a claim by calling the Department for Work and Pensions (DWP) on 0800 917 2222.
Who is affected?
You may be entitled to an increased award for the mobility part of your PIP, even if you have stopped getting PIP, if all of the following apply:
- You had your PIP claim reviewed between April 8, 2013 and November 29, 2020
- You were over the State Pension age
- You received the standard rate of the mobility award
- You did not report a change in your circumstances that affected your mobility needs
- You had a health professional assessment which recommended the enhanced rate of the mobility award
- You continued to receive the standard rate of the mobility award
- Your decision letter told you we could not increase your mobility award because you were over State Pension age
If you are getting PIP now, the DWP has said that it will not reduce your award because of this change.
How do I claim back pay?
If you think a PIP decision was wrong, you can challenge it.
If you’ve been affected by the issue outlined above, you should contact the PIP department and say that you are enquiring about the “Regulation 27 administrative exercise review”.
You’ll need your National Insurance number.
You can find this on letters about tax, pensions and benefits.
You can call 0800 121 6579 or write to:
Freepost RUAU-JZTA-KHJC PIP (AE)
Mail Handling Site A
WOLVERHAMPTON
WV98 2EU
If you write in you should quote “Regulation 27 administrative exercise review” and you must include:
- Your National Insurance number on each page your send us
- Your name and address
- A contact telephone number
The DWP will then tell you if you need to provide more information to support your application.
If you meet the eligibility criteria, we will check to see if you should have been paid more.
If the department should have paid you more, it will pay this to you.
However, 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.