Thousands of PIP claimants could be due money from DWP - see if you qualify for back payment

Thousands of people who get Personal Independence Payments may be due money from the Department for Work and Pensions.

PIP claimants may be due arrears going back as far as April 2016, following a change to the assessment rules for the Daily Living component, specifically on the definition of ‘social support’. New figures published by the DWP show that 325,867 reviews are still to be conducted for people who may have been affected and underpaid the disability benefit.

In July 2019, the Supreme Court handed down a judgment following an Upper Tribunal decision which changed the way the DWP considers the definition of ‘social support’ for Daily Living activity number nine. The ‘MM’ judgment concerns the definition of ‘social support’ when engaging with other people face to face and when ‘prompting’ should be considered ‘social support’ in the PIP assessment, and how far in advance social support can be provided.

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The DWP estimates it will review 632,286 PIP cases during the course of the corrections exercise this year and by March 31 had already looked at 219,080 awards, paying out a total of £142m in arrears payments, reports the Daily Record. DWP said it will contact 279,903 claimants who may have been affected by the assessment rule change, however, anyone who thinks they may have been affected can also contact the DWP and ask them to look again at their claim.

There is no set arrears amount per claimant as each case is different, but last year it was estimated that the average payout was around £5,200. However, members of a popular online benefits advice forum have reported receiving backdated PIP payments of between £3,000 and nearly £11,000.

The independent Benefits and Work website reports that several members of its online community have been contacted by the DWP - by phone and through the post - informing them they are due an arrears payment. You can read more member comments about PIP back payments on the Benefits and Work website here.

Who may be affected by the assessment rule change

The MM judgment can only affect a claimant’s assessment for the Daily Living part of the PIP assessment. The DWP is reviewing cases where additional points for Activity 9 (‘prompting’ or ‘social support’) may make a material difference to the amount of PIP claimants’ are entitled to.

People who may have missed out on the Daily Living component element of PIP, or were awarded the standard rate and may be entitled to the enhanced rate, include:

• People who have regular meetings with a mental health professional, without which they would not be able to manage face to face encounters.
• People who need the input of particular friends or relatives with experience of supporting them in social situations - rather than just any well-meaning friend or relative - to help them manage face to face encounters.

Claims that will not be reviewed

The DWP is not reviewing claims if:

• the enhanced rate of the daily living part of PIP has been awarded continuously since April 6, 2016
• a Tribunal made a decision on a claim since April 6, 2016
• a decision not to award PIP was made before April 6, 2016

Making a claim

Claimants who wish to dispute a decision on the review of their PIP claim under the MM judgment can ask DWP to reconsider the decision - this is called a Mandatory Reconsideration and must be completed before an appeal is made and lodged with His Majesty’s Courts and Tribunals Service (HMCTS). Full details about challenging your PIP decisions can be found on GOV.UK here.