Older Brits could claim PIP backpay after DWP mobility assessment rule change

Certain older individuals receiving the Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to request the Department for Work and Pensions (DWP) to reassess their claim due to a change in law. Those over State Pension age might also be eligible for an increased award for the mobility part of PIP, even if they have stopped receiving the benefit - and could be owed backdated payments.

It's crucial to note that this legal change only pertains to claimants over State Pension age and their entitlement to the enhanced mobility award. New DWP guidance clarifies it only applies to PIP claims that were reviewed between April 8, 2013 and November 20, 2020.

This legal change follows a tribunal ruling on May 22, 2020 which identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013. The guidance states: "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.

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The fresh guidance continues: "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."

Changes to PIP regulations came into effect from November 30, 2020, to address an unintentional gap, reports the Daily Record. The DWP has also set up a dedicated page on GOV.UK to assist