DWP assessment error means thousands could reclaim seven years of payments
A key DWP benefits system has been branded "badly drafted" as payments were not awarded.
Thousands of older Britons may have missed out on an upgrade to PIP payments due problems with how the Department of Work and Pensions (DWP) interpreted the law.
As a result a large number of claimants may be due substantial payments to make up for the lost cash.
The problem surrounds concerns that thousands of people were wrongly denied an upgrade to their Personal Independence Payments (PIP) during the 2010s.
The error appears to be related to enhanced mobility payments that should have been offered to this group of PIP claimants.
Campaigners for disability benefits have slammed the PIP system as "badly drafted" following revelations that numerous older citizens in the UK, who had their PIP assessments between 2013 and 2020, were not awarded enhanced payments for mobility issues.
This issue could impact any individual over the State Pension age who was eligible for an enhanced mobility payment, including those who are no longer receiving PIP.
The problem relates to confusion surrounding the criteria used by health assessors to determine eligibility for the final PIP mobility award.
As a result, many claimants who failed to clearly communicate changes in their mobility needs during their assessment were deprived of additional financial support for years, reports the Manchester Evening News.
The sums involved are significant because the higher mobility award stands at £75.75 per week, which amounts to £3,939 annually.
Benefits and Work, a benefits advice service, pinpointed the error made by the DWP, stating: "Generally, claimants who have reached pension age can't have an award of the standard rate of the PIP mobility award increased to enhanced.
"However, because the law in this regard was badly drafted, claimants who didn't ask for an increase, but who had a PIP review at which a health assessor found they now met the criteria for an enhanced award, may be entitled to the higher rate."
You may be entitled to an increased award for the mobility part of your PIP, even if you have stopped getting PIP, if all the following apply:
- You had your PIP claim reviewed between 8 April 2013 and 29 November 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 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
How to apply to have your PIP claim reviewed
If you believe that this affected your PIP award, you will need to get in touch with the DWP to request a review. Using the PIP hotline, which runs Monday to Friday from 9am to 5pm, you will need to request a "Regulation 27 administrative exercise review".
