Login FormClose

Free PIP, ESA & UC Updates!

Delivery Fortnightly!

Over 80,000 claimants and professionals subscribe to the UK's leading source of benefits news.

Form Heading

A year after we first wrote about it, the DWP have finally begun a search for PIP claimants owed up to £16,000 in PIP back payments.

This latest review follows a supreme court decision in July 2019 which found that the DWP had not been awarding the correct points to some claimants with mental health conditions who need prompting or social support to engage face-to-face with other people.

Back on 17 September 2020 the DWP announced that they were now following the decision of the supreme court and that they would be reviewing awards made between 6 April 2016 and 17 September 2020 to identify claimants owed money.

But it has taken another full year before Therese Coffey finally announced last week that the review had begun

Amongst PIP claimants who may have missed out are:

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.

Some claimants will have missed out on awards of the standard daily living component since April 2016 and will be entitled to around £16,000 in back payments of PIP.

Plus back payments of means-tested benefits premiums in some cases.

Other claimant, who should have got the enhanced rate but only received the standard rate, may be entitled to smaller but still substantial sums.

We have updated a 6 page guidance document on this issue that we wrote a year ago, which explains who may be affected and what your choices are, and published it on the PIP page in the members area, under the heading ‘Engaging with other people face to face’ review. In the same section, there is also a 7 minute video explainer on the issue which we also created a year ago, as well as a copy of the memo issued by the DWP at the time.

It seems very likely that the DWP will deal with this review in the same way that they have handled the LEAP review relating to PIP mobility and mental health.

Which means that the majority of people who may be eligible for a back-payment will not be sent clear information about their possible entitlement, will not be asked for additional evidence and will miss out on many thousands of pounds in back-payments and current awards.

We strongly suggest that you consider proactively contacting the DWP if you think you may be affected by this issue.

We have published some short sample letters in the same section of the members area to help you if you decide to do so.

Comments  

#10 Julia 2021-11-29 17:03
Had Mandatory Reconsideration Notice today regarding Engaging with people face to face. Again denied any entitlement to back pay citing identical paragraph citing MM v DWP tribunal judgement. After 82 minute wait (yes 82) and speaking to 3 different people at DWP it's possible I might be awarded back pay for that descriptor but not from Jan 17 when I first claimed but July 19 when judgement was made? Not according to this site I politely informed them. So I'm no further forward but was told I could ring again in a couple of months if I haven't heard anything. I'm undecided whether to go to appeal but feel I have grounds to do so. Am frustrated with this system and having to constantly fight my corner. Anxiety levels through the roof which in turn exacerbates my Fibromyalgia and Osteoarthritis.
#9 Janice Bowie 2021-11-20 15:59
When they moved me over to pip I had a life timeDLA award. So the first thing that happened was they stripped me of a substantial amount of my benefit ,no points for mental health. I appealed it 2016. I won my case but no change to MH 0 points. I was scared to do any more about it. Then 2019 it happened again no points for M H. Less benefit .I didn't appeal it because I was scared.I have had cronic depression and anxiety since I was 21. I see a councilor every two weeks even through covid on zoom. Have been in counciling for really most of the last 5 years. I know they robbed me ,but you hear such stories about the DWP. I want to tell them that they owe me money
But I lack the confidence.
Janice B.
#8 sarahbee73 2021-10-19 14:54
Quoting Tina:
I finally had a letter 13 weeks after I sent a request for my award to be looked at again following the Supreme Court ruling, using a sample letter from this site, and was told nothing changes! They didn’t even acknowledge what I told them, just told me again I have 11 point for daily living and 12 for mobility. I’m very disappointed.


WOW-That's terrible,im sorry to hear that.Thats basically what the woman said to me on the phone. But how can this be if it was a Supreme court Decision? I expect i shall get a letter saying the same thing too when they can be bothered. I have looked on other sites like disability rights and they all say we are entitled to it and £16,000 is a heck of a lot of money to lose out on. i will obviously have to wait for my letter but if i was you i would contact citizens advice or a welfare rights place to give you some help. I hope you get some luck xx
+1 #7 Tina 2021-10-18 19:39
I finally had a letter 13 weeks after I sent a request for my award to be looked at again following the Supreme Court ruling, using a sample letter from this site, and was told nothing changes! They didn’t even acknowledge what I told them, just told me again I have 11 point for daily living and 12 for mobility. I’m very disappointed.
#6 sarahbee73 2021-10-18 12:22
I have only just found out about this.
I sent them in a letter as they only awarded me 2 points when i should have received 4,which would have brought my total number of points to 13 so i would then qualify for the enhanced rate.
I phoned them on Friday to see if they had received my letter and a very rude woman said my claim would not be reviewed ????????
I am totally confused as it was a court decision
What do i do now?
#5 Tina 2021-10-06 14:20
I used one of the sample letters to contact DWP about why I think their decision during my last assessment in Feb 2020 was wrong. I was awarded 2 points whereas I believe it should have been the 4 points as I do not go anywhere alone. I had a text of acknowledgment of my letter 12 weeks ago saying I should hear with 10 weeks, but I’ve heard nothing. Should I contact them? I was 1 point short of enhanced for daily living, and was awarded enhanced for mobility. Many thanks for any thoughts.
+1 #4 hadit21 2021-10-02 17:19
My interview was in 2017. Is 'planning and Following a journey' covered under this Judgement as I am unable to go anywhere unfamiliar & often familiar without someone with me? It was stated that I needed prompting to avoid psychological distress. I received 4 points, so missed higher mobility. I should have asked for an MR, but was too anxious at the time.
#3 Beetroot21 2021-09-29 18:42
Hi, around 2016 I lost my enhanced mobility rate as I got 0 points for the mental part and only needed 1 more point for the enhanced rate but the crafty DWP took the mobility part off me knowing I would not get it back as I was approaching pensionable age , I now have been awarded the enhanced rate for mental problems but of course no mobility car as I am over pension age , I say I should have this backdated as the Supreme Court have advised and if so i should have the mobility car back , wonder how many more people have had this happen
+1 #2 bendy1 2021-09-29 13:09
Hi i am sorry my delay but I got a leap letter in June saying I won't get backpay. I disagree. I emailed dwp in August. No reply yet. Are you wanting my letter about LEAP?
+2 #1 MrFibro 2021-09-27 15:19
Just wondering how many claimants will actually get 16,000 quid back.

You need to be logged in to comment

Subscribe Now

Get Instant Access to all our guides