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.
    Emma · 3 hours ago
    I was awarded the mm v dwp award  descriptor c of the mm judgement on the 4th of this month and still awaiting backpayment if im due any 
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    Me · 5 hours ago
    I sent my review forms back September 2023 still ain’t heard anything anyone else having this problem? Also the don’t look at the mm judgement when under review supposedly anyone else know if that’s true? 
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    S · 16 hours ago
    Hi is this affecting the length of times reviews are taking ? I’ve been told can be up to a year seems a long time 
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      Angela · 14 hours ago
      @S No it's a different department that deals with.
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    Jackc · 2 days ago
    @angela , just wondering what number did you call 
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      Angela · 1 days ago
      @Jackc I phoned the normal number but the guy I spoke to didn't know what I was talking about so he put the manager on the phone.
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    Angela · 4 days ago
    Update just spoke to pip.their going in date order so its fare to everyone because there's such an influx in enquiries.mine is being looked at its been 8 weeks they say it could take 16 weeks now.mines from 2016 i will keep you updated.
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    Al · 11 days ago
    Can B&W please find out what is happening to the comments, I'm either getting none or ALL the comments, but none in date order, some from over a month ago which is obviously not for this article. Has something changed?
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    Sarah · 13 days ago
    Can I please ask if anyone is aware how there going through everyone's claims by date order etc? I've been told there doing them In year order but also at Radom? 
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    Anj · 13 days ago
    Had a phone call from them today - i am owed over £12k in backdated money!!
    • Thank you for your comment. Comments are moderated before being published.
      Sarah · 13 days ago
      @Anj That's amazing! Can I please ask what year your claim started? 
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    Brian · 14 days ago
    Hi, I just called PIP and the girl told me that she can’t tell me anything about it because it’s completely separate team that deals with it, and gave me the “basically” talk about I might be selected or “like” not. She was as helpful as an ashtray on a motorbike.
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      Bkaaag · 14 days ago
      @Brian @Brian 😂😂 call this number this is where I got through to someone who actually knows what there talking about  08001216579 hope this helps and you get the information you need 
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    Emma · 15 days ago
    Hello
    I'm just wondering if anyone knows the process off the leap m m judgment of question 9 b? I scored 11 points and 2 on question 9b this is back from when my claim started in 2017 how likely am I to get the extra two points in the new law change to receive a back payment? I know I've been selected to have it looked it but that's all the can tell me as it's in a queue in the system and can not give me a time scale.
    Many thanks im so confused
    • Thank you for your comment. Comments are moderated before being published.
      Emma · 13 days ago
      @Bkaaag Thank u so much this is very helpful 😊
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      Bkaaag · 13 days ago
      @Emma @emma yes I would have thought so if you have someone who supports you in social situations and encourages you to go places things like that aslong as you’re case hasn’t been decided by tribunal as they can’t override there decision then yes..I have tried to attach the website I have read up on but it won’t let me add the link but if you just search disibilityrightsuk.org and type in the search bar MM law you can have a read up on this and see if it applies to you….. best of luck and I hope this helps ☺️
    • Thank you for your comment. Comments are moderated before being published.
      Emma · 13 days ago
      @Bkaaag I got the 2 points for question 9 on my claims since 2017 does this mean I'm likely to be awarded the 2 extra points? 
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      Emma · 14 days ago
      @Bkaaag Many thanks for your reply 
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      Bkaaag · 14 days ago
      @Emma @emma so don’t hold me to this as I am not 100% sure myself but from the information I am understanding to be able to be awarded the 2 extra points at the time of claim for question 9 mixing with other people you must have had help from either a professional or close family member to prompt/support you in all aspects of mixing with other people…to be awarded back payment the 2 extra points you should have been entitled to if this is the case should make a difference in you’re claim e.g if you was on standard daily living and was awarded the 2 extra points and this would then take you to enhanced daily living you would be back paid what you was owed for being on  standard when you should have all along been on enhanced if this makes any sense…please anyone feel free to correct me if I am wrong as I said I am not 100% on this myself …. But I Hope this gives you some idea ☺️
  • Thank you for your comment. Comments are moderated before being published.
    Clair R · 18 days ago
    Has anyone else heard anything from 2017/18 claims mm law rule change as this waiting game is a mental exhaustion in itself 
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    Sasha · 20 days ago
    Does anyone know what year there up to on the m m review? 
    Many thanks 
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      Bkaaag · 19 days ago
      @Sasha @sasha no problem..I do hope so 🤞… will keep you updated as soon as I hear anything 
    • Thank you for your comment. Comments are moderated before being published.
      Sasha · 19 days ago
      @Bkaaag Thank u for your reply. My claim is also from 2017. Fingers crossed we will hear soon. 
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      Bkaaag · 20 days ago
      @Sasha @sasha my claim was from 2017 and I still haven’t heard anything I called up 2 weeks ago and they said I have been flagged but there still going through 2016 she said it could take up to the end of the year for me to hear anything….hope this gives you some idea of how long this process can be 
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    val · 28 days ago
    so after writing to dwp last october asking to be looked at again for 2019 to 2022 i heard nothing phoned in january and they said would look at it again nothing so sent a letter asking what i was awarded on those dates no reply so yesterday i plucked up the courage to phone them again an hour wait the lady was very polite and said i have not been selected and i asked why as during those dates i had talking therapy counciling med for severe anxiety she said would i like a mandatory consideration ? i said yes i said how long she said 8 to ten weeks  so i dont know what will happen now ??
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    Karen · 1 months ago
    Is it for mobility or daily living
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    Lucy · 1 months ago
    I had hope but then realised that my assessment was after 16th Sept 2020. Like a week or so later. Is there no way I can get them to look at mine again. I struggle with face to face contact and things like that.
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    Jack · 1 months 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 · 1 months 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.
    • Thank you for your comment. Comments are moderated before being published.
      Angela · 1 months 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 ?.
    • Thank you for your comment. Comments are moderated before being published.
      Sunshine l · 1 months 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
  • Thank you for your comment. Comments are moderated before being published.
    Jan · 1 months 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 · 1 months 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 · 1 months ago
    My partner falls into this category, I finally got through about it but apparently he hasn’t been selected 🤷‍♀️
    • Thank you for your comment. Comments are moderated before being published.
      Angela · 1 months ago
      @Dddddfff It's the mm law change and you need to ask for the leap review.
      Check if it applies to you and if so give them a ring.
    • Thank you for your comment. Comments are moderated before being published.
      Dddddfff · 1 months ago
      @Julie Jones Hi could i just adk somthing plsiv bean on stantard for both parts from april 21 iv got it now till 28 would i be in this category an what to u ask when u call them up .
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