The DWP is moving inexcusably slowly in considering the cases of PIP claimants who may be owed thousands of pounds  in back payments, its latest progress report reveals.  Although the DWP claim the review will be completed in 2025, at the present rate, some claimants may be left waiting a total of more  than 8 years for a decision on their case.

The review of cases relates to PIP activity 9. Engaging with other people face to face.

The DWP got the law wrong in relation to two descriptors:

b. Needs prompting to be able to engage with other people. 2 points.

c. Needs social support to be able to engage with other people. 4 points.

If the support a claimant needs consisted just of prompting, then the DWP argued it was only worth 2 points, regardless of who gave it.

However, in a case known as MM, the Supreme Court decided that where the prompting needs to be given by someone ‘trained or experienced in assisting people to engage in social situations’, then it may count as social support and score 4 points.

The DWP also believed that social support has to be given during the social activity or immediately before it.

But, in the same case, the Supreme Court held that social support does not have to take place during or immediately before a social engagement, it could take place weeks before or even after the event.

This means that many people who got zero points for this activity will now be eligible for four points.

The review of cases relates to decisions from 6 April 2016, when the case was decided, to 16 September 2020 when the DWP began following the correct rules.

The DWP say that they have identified 326,000 review cases relating to the 9(b) group.  These are primarily cases where the claimant scored 2 points for prompting when they may have been entitled to 4 points for social support.

However, the DWP admit that they are unable to identify claimants affected by the timing of support issue, who may have received support well in advance of a social engagement but scored no points because the DWP got the law wrong.  These claimants will need to contact the DWP themselves if they wish to be considered.

Reviews of cases started in September 2021.  The DWP say they have prioritised reviews for terminally ill and recently deceased claimants.

In the following two years, they have dealt with just 79,000 cases with almost a quarter of a million left to examine.

At present rates it will take the DWP over six years to complete its review of the outstanding 247,000 cases, although the department claims it will be completed in just another two years.

But there may also be thousands of cases that relate to timing or that the DWP have simply failed to identify.

More than one in five claimants who have been reviewed have received a back payment.

So far, around 14,000 payments have been made to claimants, totalling £74 million..

Overall, the average payment is around £5,285 per claimant.

We have covered this issue extensively in the past. 

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.

You can read the DWP’s progress report on the administrative exercise for MM.

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  • Thank you for your comment. Comments are moderated before being published.
    Jack · 2 days ago
    I rang pip today and asked if mine was being looked at and they said I have been selected and I would receive  a letter at some point but no time frame so I don’t kno lol . Not sure if I well get any back pay 
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    Jan · 2 days ago
    I had a letter and was immediately worried despite the letter saying nothing would change even if I didn't fill in the enclosed form. I called them about it and told them nothing had changed. I went through the questions with the woman and that was that. Now I am still none the wiser. Has nothing changed therefore I will get the back-dated enhanced rate, or has nothing changed therefore my rate stays the same? I have no idea and I don't want to rock the boat. Still, if it takes up to six years to hear anything, I will have forgotten all about it by then.
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      Angela · 1 days ago
      @Jan What letter did you get? Was it for the leap reveiw for the mm law change or was it for your normal review ?.
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      Sunshine l · 2 days ago
      @Jan Hi I would call them back to to clarify what's happening and to make sense of it all doesn't sound like they've gave you much information to try and understand if your staying at the same level or that you was marked wrong and been awarded backpayment due to adding points you orginally missed out on x
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    Jan · 2 days ago
    Does anyone know whether I can get the enhanced rate if I don't have anyone to help, support or prompt me?
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    J slater · 8 days ago
    Which department can I write too my case has been selected for review but no one tells you anything at the dwp 
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    Julie Jones · 9 days ago
    My partner falls into this category, I finally got through about it but apparently he hasn’t been selected 🤷‍♀️
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    Bell · 9 days ago
    Hi, they moved me over to adp, will is it pip who look into my previous pip claims due to change in law as I flagged up to be looked at, or will adp deal with it now, sorry if it’s a daft question but pip just said it’s adp and adp said it’s pip, don’t know if I’m coming or going with them 
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      jay · 7 days ago
      @Bell I moved over to ADP. I haven't been told anything but I would have thought I fall into the category as my original PIP claim scored 2 points for the social bit but then at review I scored the 4 points. But DWP sent the file to Social Security Scotland so not sure if PIP still have the file.

      I didn't even get the Christmas bonus when I was meant to, I tried sorting it but no-one would take responsibility to sort it.
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    Tammy · 9 days ago
    Hi does anyone know if I would get backdated I been receiving PIP standard daily living allowance 2019 im on medication for psychotics schizophrenia and depression my partner need to get my medication and watch me take as I'm very forgetful I to cook as I love cooking but I can but a chip pan on the go run a bath an total forgot I'm cooking an I have a bath running I don't go out only with my family 
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    Amanda · 14 days ago
    Hi, I think I've been receiving PIP since 2017 but abit unclear about the MM judgement..
    Does it mean if you have to have someone with you when you go out?
    I've been suffering with agoraphobia for a number of years as Covid made me worse.
    Any help would be great.
    Thank you.
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    Garry · 14 days ago
    Does anybody know the phone number for DWP? Thank you 😊 
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    Tracy · 15 days ago
    Does anyone no if I be owed money from p.i.p claim in 2020 I received the lowest rate £23wk after fighting neally 4 yr for it then was taken off me with in 1yr then I asked for relook at claim got took to high court DWP rang me offed me under 2grand to stop court case I took it has it was Xmas and needed it will it be worth me looking into backdated money thanks for any help people
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    Sean tuffin · 15 days ago
    Who do you have to call, is it just a call straight to pip 
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      Michelle · 11 days ago
      @Debs I was called when this first came out and I kept saying can you explain and he explained to me what you're talking about, the lady basically formed me off at no point said to me that she was filling in a mandatory reconsideration I didn't find that out until she had basically told me nothing said they had to look into some errors they'd made but nothing to worry about and they would call me if they needed anymore information I think a letter back saying you've had a mandatory consideration and nothing has changed actually it should have massively changed because I should have get full points for for this particular thing of not being able to plan and do the journey as I have had diagnosed agaraphobia fir years 
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      Angela · 15 days ago
      @Sean tuffin Yes pip.
    • Thank you for your comment. Comments are moderated before being published.
      Debs · 15 days ago
      @Sean tuffin Yes but your lucky if they tell you anything but good luck 
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    Sunshine l · 15 days ago
    Hi does enybody know what dates they working on ? Just seen a post via Facebook commenting to a question asked about backpayment and uc 


    The change in law has already been applied to decisions/reviews made since 17 September 2020.

    The backdated amount will be disregarded for 12 months as standard. Anything left after 12 months will be counted as capital for the calculation of your UC.

    If the backdated amount you receive is £5,000 or more it will be disregarded for the lifetime of your UC award. This is because the arrears will be as a result of an ‘error of law’.
    • Thank you for your comment. Comments are moderated before being published.
      Karl · 19 hours ago
      @Sunshine l That’s nonsense, people have already been receiving payouts between 5k - 12k. 

      The normal backdating rules don’t apply because it was an error on the DWP’s side and it has been ruled so by the high court so it wasn’t an “error in law” it was an error by the DWP. 
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    Tammy · 15 days ago
    Does this include people that cant go out on their own and need family or friends with them due to safety reasons?

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      Michelle · 11 days ago
      @Tammy Yes. But they don't tell you that or didn't when first contacted people that's 1 of the main things the law changed about good luck and if poss get some. Type of advocate for this matter hunny x
    • Thank you for your comment. Comments are moderated before being published.
      Jayne · 11 days ago
      @Tammy Yes
  • Thank you for your comment. Comments are moderated before being published.
    John · 16 days ago
    How do I find out if I'm owed money back
  • Thank you for your comment. Comments are moderated before being published.
    Jon · 17 days ago
    Hi I’ve been on pip since 2018 so how do I go about looking into this?
    • Thank you for your comment. Comments are moderated before being published.
      Michelle · 6 days ago
      @Jon Hi I had a letter from pip saying about the law from 2016.and I  could be owed money.don’t need to do anything .but I rang and spoke to a gentleman.and I had a text saying they are dealing with it .and will here by 15/5/24.so hopefully.i will find out..
    • Thank you for your comment. Comments are moderated before being published.
      Angela · 16 days ago
      @Jon Hi Jon 
      First check if it applies to you.then you can get intouch with them and ask for it to be looked into for you.
  • Thank you for your comment. Comments are moderated before being published.
    Debs · 21 days ago
    Iv been told Iv been selected anybody know what that means and it’s from 2016
    • Thank you for your comment. Comments are moderated before being published.
      Harris · 20 days ago
      @Debs You should receive a form that asks 6 questions regarding how you dealt with social support between your claim dates and the judgment dates. Once you've sent that off you'll receive a phonecall or letter with a decision although some people have just received a decision without the form. Good luck 
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    Pete · 21 days ago
    I just phoned pip and they said to me they are only looking at 2016 -2017 ?
    • Thank you for your comment. Comments are moderated before being published.
      Anon · 20 days ago
      @Angela Thanks well mine started back end of 2020 and didn’t get decision until 2021 so fingers crossed thank you  
    • Thank you for your comment. Comments are moderated before being published.
      Angela · 20 days ago
      @Anon Hi Anon the law changes is from 2016 but they didn't start to change it till 2021. thats why it goes from 2016 to 2021.
      Hope that helps
    • Thank you for your comment. Comments are moderated before being published.
      Anon · 21 days ago
      @Pete According to threads on here it’s 2021 too, that’s what annoys me you can’t get a straight answer from them 
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    Anon · 21 days ago
    4 nearly 5 years waiting for an outcome. It's 1 big mess if you ask me. I'm depressed to the core with life. 380 pm aint enough to survive on in 2024. I'm shocked at the whole process. 

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    Natalie w · 22 days ago
    I rang today and said I had been flagged up and they looking at it as I scored 9b in 2021 but was after a review they took it off me . Yet I’m now back on pip , how long do ya think will be till hear back about payment they said I’ll get a letter but did not say about payment and how much 
    • Thank you for your comment. Comments are moderated before being published.
      Natalie w · 22 days ago
      @Anon Yea mine was in march they said I was flagged and will have a letter , but that’s all I’m going call back again tomorrow and see what they say as surly they must know I scored 9b and was declined but was on it before then my review  they declined but nothing had changed , I’m now back on it since last year so fingers crossed it be sorted 
    • Thank you for your comment. Comments are moderated before being published.
      Anon · 22 days ago
      @Natalie w So they are looking into 2021 too that’s good news as I was the same too 
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    Betty · 23 days ago
    Hey did everyone get contacted regarding payments owed or did you chase it up with them ? I'm waiting for a review back from July.. recieved a letter last month saying they are paying my normal pip until my reviews done which could take another year .. I'm like really .. as I'm sure I should of been awarded the higher rate ? Thanks in advance? 
    • Thank you for your comment. Comments are moderated before being published.
      Julie Jones · 9 days ago
      @Betty My partner is exactly the same as you, received a letter saying could take till 2025? 
    • Thank you for your comment. Comments are moderated before being published.
      Betty · 16 days ago
      @Harris OK thanks .. can't believe how long my review is taking.. how long was yours ?

    • Thank you for your comment. Comments are moderated before being published.
      Harris · 20 days ago
      @Betty Yes I was contacted by them after my review was completed. 
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