Benefits and Work has heard from a member who has received an additional £5,000 backdated working tax credit (WTC) as a result of a backdated award of PIP.  Other members are continuing to report a trickle of backdated PIP payments, ranging from £3,000 to £11,000. 

The payments are being made because of errors by the DWP.  But many claimants are being told that they may be waiting a year for a decision, whilst some have been unable to get any response at all.

The payments are in relation to a case known as MM, in which it was decided that the DWP had got the law wrong when making decisions about the PIP activity ‘Engaging with other people face to face’.

The errors relate to the difference between ‘prompting’ and ‘social support’ and also about how much time can elapse between social support and a social activity.

You can read more here about the errors that were made and who might be eligible for a back payment.

Additional working tax credit

In our update article a fortnight ago, we told readers about Midnight who received a payment of £5,000 in backdated PIP.

Midnight has now posted again to say:

“Another update for anyone who is going through this ! After my back pay was received from DWP I called HMRC and advised that I have been back dated enhanced PIP and because I was working during that time period I should have been entitled to additional Working Tax Credit!

“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 families life . . .

“Thank you to this group and everyone in it, you'll never know how much you've helped flip my whole life around”
Midnight

More backdated PIP awards

Other members have also contacted us since our last update.

“I received a payment this evenning for £3,258.08 from pip ..if this help anyone out there ...I started receiving pip at a standard rate in 2016 /17...,I need promoting to help with everything ..my medication..food toilet...I was awarded 2 points back in 2016 ..I asked them to look again in 2018  Regarding my daily living ..was told no everything's alright ...then I found out regarding the change of law regarding  to do stuff ..for yourself ..ie prompting....I did receive a telephone call from pip .., I hope this helps anybody out there on pip like me ...let me know if this helps”
David

“Just wanted to update u guys. Got a call this morning in response to the form I sent back a couple week ago and I got amazing news! £11,000 to be paid into my account in next 5 days!! Absolutely life changing! I hope anyone else who's going through this is successful. Thanks to the people who have posted on here you guys gave me hope. Here's to the future. X”
Harris

“I got a phone call on Monday to say I was due backdated money due to law change and am owed just short of £11,000. Have been given 2 extra points so now also to get enhanced rate.  She said letter being sent and money would be paid within 2 weeks. Really shocked I hadn’t contacted them at all so came out the blue. Hoping money comes sooner than 2 weeks as really been struggling financially and this will let me get back on feet and pay overdue bills and fill my cupboards up. Shocked and relieved and very thankful. Backdated to 2016.”
Al

“I believe my autistic friend is one of those who received a backdated amount for “engaging with other people”. He only answers the phone to his mum and I, and I have to handle all his affairs as he can’t make calls and freezes during appointments. He has been on enhanced for both for his last two PIP renewals so I guess the payout is from earlier years. He received £4100.”
Sue

Long delays for some

However, other posters have warned that a long wait may be in store for anyone who thinks they may be entitled to a back payment.

“I rang today and they said the reviews are taking 49 weeks. They got my review form in September 2023 and I still ain’t heard anything back yet”
Jade

“I phoned them last week regarding this matter they said I am selected to be looked at but could take a year”
Samantha

Others have been waiting considerably longer than a year:

“I contacted dwp in sept 2021 to be told im in the list to be looked at. Still waiting now march 2024.”
Miss F

Miss F got  a response form another reader who has received a payment:

“They will get to you eventually - I waited 3.5 years. They might say you are not affected as they did with me. If so, have them look at it again as I did. They then back dated what they owed me”
AA

And some readers have had no response whatsoever from the DWP:

“I contacted the DWP nurmous times about this issue, they have never got back to me, and I had sent it recorded delivery. This was signed for, so they have received my letters.”
Sidney

Benefits and Work resources

Benefits and Work members can download the following resources from the PIP guides page.

Engaging with other people review guide
A six page guide to who may be affected by the review and what to do if you think you are.

Sample letters
Sample letters for people who think they may be affected by the DWP's error in assessing people who have difficulties engaging with other people.

Video explainer
A 7 minute video explaining who may be affected by the review and what to do if you think you are.

Video transcript
A transcript of the video.

DWP Memo
A 5 page memo issued by the DWP on the subject of the changes to the law.

Comments

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  • Thank you for your comment. Comments are moderated before being published.
    Mike Cotterill · 4 days ago
    I have been on pip since 2018 when I started suffering from onset epilepsy it just came out of nowhere so I was told I could apply for pip so I did and all I can get is the mobilty side despite proof from my neurologist I get it for anxiety and p.t.s.d I can't it for my epilepsy and I don't understand why I'm on meds for this and I when i have a fit i can barely walk or hold a cup but thisakrs no difference to them yet u know people like heroin addicts and people that have smoked there lungs off and they get high rate for both and back payments of £12.000 yet I can't get anything but mobility and don't know why can somebody help or suggest anything??
  • Thank you for your comment. Comments are moderated before being published.
    Ricky · 9 days ago
    I have been successful in winning my appeal at the face to face appeal. After being stressed out about the hearing. I took my daughter,
    The judge simply said we don’t need to ask you any questions and awarded enhanced care component.
    When will I here about new entitlement notice and pay arrears
  • Thank you for your comment. Comments are moderated before being published.
    Dion · 9 days ago
    Ok I hear people here. I just have to say that I waited 13months for a decision to be made about my review to date they have reduced my entitlement to the lower care rate. And to top that my mobility rate has stayed the same. Not only that but a mandatory recon was made and refused. I am going forward with a tribunal. My daily living is almost non existent I have serious back and leg issues aswell as a severe mental health problem (possibly made worse by the current situation) I hardly go out in public I can no longer afford care and To Be Honest I am getting nowhere fast with dwp. I have nowhere left to turn my life has been turned upside down.
  • Thank you for your comment. Comments are moderated before being published.
    Claire · 10 days ago
    I was on the enhanced rate up until May 2019 when I had my face to face review but my PIP got reduced to standard rate but to this day that whole assessment I couldn't tell you what I was asked or answers as I had just buried my youngest daughter on the 25th April and 5yrs later I'm still on standard rate but my condition hasn't changed its still the same as it was in 2019 apart from my mental health condition has got worse but I've never had a review since and now in the process of getting moved over to ADP
    • Thank you for your comment. Comments are moderated before being published.
      brnd · 7 days ago
      @Claire sorry I should not type this on this thread but I press reply in the item above about they advertise volunteering on the benefits tribunal panel . I don't know where to apply. also can we still apply?  the closing date given is Sunday 3rd Apr 2024 but it wasn't the 3rd on Sunday was it ? I saw another  poster say it too on the correct thread   . sorry. thankyou 
  • Thank you for your comment. Comments are moderated before being published.
    Bryan · 10 days ago
    What do I need to do to get an enhanced rate . I had an assessment that lasted over an hour and now it's silent.
  • Thank you for your comment. Comments are moderated before being published.
    S · 10 days ago
    IV been getting p.i.p at the standard rate I filled in a form to say my health issues are worse now , and they stopped it how can they stop it when I was getting pip but now my health issues are worse IV asked them to look at it again IV gone without any money since February 
    • Thank you for your comment. Comments are moderated before being published.
      UB40 Rumrunner · 6 days ago
      @S Its disgusting the lack of judgement being used by so called decision makers doing this stop and start merry go around. Have they ever thought about the complicated process of using a more common sense approach.I believe the same game is used to determine someones ESA status. They could very easily say, ''you told us your condition has worsened, so until we decide, your PIP award etc will remain the same and if worse, will increase.'' They like to get off on penalizing people while they play the game of making their minds up. Its pathetic. Wonder what Labour will do about this major problem, been affecting many for far too long.
    • Thank you for your comment. Comments are moderated before being published.
      Fred · 6 days ago
      @S its disgusting the mentality used or lack of as maybe the case with many similar.
  • Thank you for your comment. Comments are moderated before being published.
    Geoffrey Gibbs · 10 days ago
    I started claiming pip in 2016 and was on lower rate until 2021 when I was put on enhanced rate. Does this mean that I am due a back pay in any way or do I leave it? Any help would be much appreciated.. 
  • Thank you for your comment. Comments are moderated before being published.
    Catherine · 11 days ago
    I was on pip from  2001 till 2019 do you thinkget back pay and  I also  got refused it in 2019 in at tribunal because I couldn't say how long is ten meters  I am getting  pip now 
  • Thank you for your comment. Comments are moderated before being published.
    Bella · 14 days ago
    Good afternoon I am feeling very anxious as I finally got a court date for my appeal for pip for my osteoarthritis in my knee I have knocking knees and have been struggle I have type 2 diabetes and now I am waiting for result of my CT scan for my kidney I am so worried as it been more then a year I have been waiting to go to tribunal now I am so stressed out any advice please thank you 
  • Thank you for your comment. Comments are moderated before being published.
    Andrew · 16 days ago
    I had a serious brain injury over 30 years ago I was only awarded dla 20 years ago. Can they do that? Also been accessing my pips again now since September last year. I have serious brain damage parasomnia several types of epilepsy including Sudep plus major psychological problems. Why do they do this? Is there any advice you can give me please. Thanks for your time.
    Andrew.
  • Thank you for your comment. Comments are moderated before being published.
    Carole Nowell · 17 days ago
    I recently received a letter from the DWP about the PIP award for my deceased husband. I filled out the 13 page form(!) and returned it. One of the questions asked was: why are you making this claim? My answer was very to the point: because you sent me a form and the covering letter said to complete it!  

    I had to type my answers out because my osteoarthritis has advanced to such an extent that I can no longer hold a pen to write even my name, let alone complete a 13 page form!  Which I told them was the reason for the typed responses. I sent the letter some 3-4 weeks ago, so I don’t expect to receive a responses until around my birthday at the beginning of June!

    I did take exception to the way they spoke of my deceased husband too. It was, in my eyes, quite disrespectful.


  • Thank you for your comment. Comments are moderated before being published.
    Gregg · 17 days ago
    I went to a tribunal and won it with Dwp not asking or pushing back to the tribunal, I was told my pip would be increased to high on both parts by the social help that helped me, when it came through I only had low on both and that meant mobility was granted on low, it wasn't before. I was so downhearted I just gave up and five years later I have the short reclaim documents which are granted, I say there's no change even though I tell my chronic pain has risen, I now suffer with gout and I had a stroke, blood clot, in 2022.
    I'm still receiving Pip but on low on two parts and I'm just to tired to fight for more. I'm dreading when it needs to be changed to UC. I'm just telling my story of how there must be thousands like me living in dispair 
  • Thank you for your comment. Comments are moderated before being published.
    Karen · 17 days ago
    Hi I helped my son reapply and update information for PIP that was based on now his Mental Health has deteriorated as too his Physical health. We are still waiting to hear the result from June 2021. We have every 6 months a text saying " in a que,or we're looking at it soon. He has still continued to receive what he was already getting to date but the stress has made both he and myself who suffers with Mental Health issues much worse.
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