The Department for Work and Pensions has identified a gap in PIP regulations which may see some people over State Pension age eligible for enhanced payments
Certain groups of pensioners receiving Personal Independence Payment (PIP) who have been granted the lower rate of mobility component may now be able to request that the Department for Work and Pensions (DWP) reassess their claim following a recent legislative amendment. Those above State Pension age could also qualify for an enhanced mobility award under PIP, even if their benefit has been discontinued.
It’s crucial to note, however, that this legal modification exclusively affects claimants beyond State Pension age and their eligibility for the enhanced mobility component. Fresh DWP guidance clarifies that it solely covers PIP claims which underwent review between April 8, 2013 and November 20, 2020.
This legislative shift stems from a tribunal decision on May 22, 2020 which uncovered an inadvertent loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013, reports the Daily Record.
The guidance explains: “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.”
It adds: “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.”
The enhanced mobility rate of PIP also provides access to the Motability Scheme. (Image: Getty)
Alterations to PIP regulations came into effect from 30 November, 2020 to rectify this unintentional oversight. The DWP is urging anyone who believes they may have been impacted to request a review of their claim.
So, who might be eligible for the enhanced mobility rate of PIP?
Previously, the DWP would utilise a health professional’s report when assessing your claim. If you hadn’t reported any changes in your mobility needs, you could be due an increase in your mobility award.
This is because the DWP should not have informed you that it couldn’t be increased due to you reaching State Pension age – which means you could have received more money.
The enhanced mobility rate is currently valued at £77.05 per week during this financial year, equating to £308.20 every four-week pay period. An award for the enhanced mobility rate could also enable someone to join the Motability Scheme, assisting them with transportation.
Eligibility
You might be eligible for a higher award for the mobility component of your PIP, even if you’re no longer receiving PIP, if all of the following conditions are met:
- you had your PIP claim reviewed between April 8, 2013 and November 20, 2020
- you were over 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
- 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
The DWP has also previously stated that if you’re currently receiving PIP, your award will not be reduced as a result of this change. However, it clarified that it cannot revisit any decisions made by a tribunal.
How to apply
To enquire, contact the PIP enquiry line on 0800 121 6579 and mention that you’re enquiring about the ‘Regulation 27 administrative exercise review’. You’ll need to provide your National Insurance number. You can also reach out to them via post, with all the necessary details available on the GOV.UK website here. Complete information can be accessed on the GOV.UK website here.
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