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Hundreds of thousands of people claiming Personal Independence Payments (PIP) are due back payments reaching as far as April 2016 following a Supreme Court ruling which has forced the DWP to review certain claims.
Latest figures from the DWP show that thousands reviews are yet to be conducted for PIP claimants who could be owed an average of £5,000 each.
The department says it will review 632,286 over the course of the corrections exercise, and had already paid £142m to 219,080 people by March. Whether a claimant is eligible for review is dependent on them meeting certain conditions.
The review comes after the Supreme Court handed down a judgement in 2019 that changed how the DWP considers the definition of ‘social support’ when evaluating the applicants ability to engage with other people face to face. This was based on a decision by the Upper Tribunal.
PIP is awarded based on a points system, with assessors reviewing how able an applicant is to undertake certain activities. Generally, if they are less able or need more support to do activities like prepare food or move around, they will be awarded a higher level of payment.
The new rules mean that if someone needs ‘prompting’ – defined as “reminding, encouraging or explaining, from a person trained or experienced in assisting people in social situations” – to engage with other people face to face, they will be classed as needing ‘social support’ and awarded more points than previously.
The DWP says it is now looking at claims before the guidance was officially implemented in 2020, going as far back as April 2016. It is also looking at claims where PIP was not awarded to the claimant.
The Benefits and Work support group offers services which help claimants secure the proper benefits they are entitled to. A spokeperson says it has seen some members it supports receive between £5,000 and £12,000 in backdated PIP awards.
One of their members, writing online as ‘Midnight,’ says she received a call in March informing her she was entitled to £5,000 in backpayments. She then issued an update later in the month, saying: “I have just received an additional £5.5k from them meaning in total I’ve had a back payment of £10.5k.
“This has changed my life in a way I can’t even articulate, I’ve been able to buy a car for my family, pay off debt and can afford to live day to day without any fear of running out of money, it’s made a phenomenal difference to my whole family’s life.”
Here’s how to check if you are eligible for a backdated PIP payment and what action you may need to take:
Am I eligible for a backdated PIP back payment?
If you claim PIP and were assessed on engaging with other people face to face – which is Activity 9 in the points system – you may be eligible for a payout.
The majority of those who will be able to claim are those who currently score 9(b), as the prompting they require should be considered as ‘social support’ and would score them an extra 2 points. Around 326,000 people are in this group.
A smaller group of claimant will also be eligible if they scored 9(a) but require support in advance of the activity. This could include people who need to have regular meetings with a mental health professional, or family or friends with a history of supporting them, before being able to manage social situations.
Official guidance states that the DWP reviewing cases where additional points for this activity “may make a material difference to the amount of PIP claimants’ are entitled to.”
The department says that claimants who think they may be eligible do not need to contact their advisers, and should wait for them to get in touch. A spokesperson for the DWP added: “It remains our priority to ensure claimants receive the PIP support they are entitled to.
“Reviews are continuing at pace, and we are contacting people who might be affected.”
However, the Benefits and Work group says claimants may want to consider getting in touch anyway, in case they get missed.
The DWP says that 279,903 claimants were identified for contact who may be affected, with 219,080 of the total reviews needed being completed.
They have also specified instances that they are is not looking at claims, if:
- the enhanced rate of the daily living part of PIP has been awarded continuously since 6 April 2016
- a Tribunal made a decision on a claim since 6 April 2016
- a decision not to award PIP was made before 6 April 2016
