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.
    Bell · 1 months 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 · 1 months 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 · 1 months 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 · 1 months 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 · 1 months ago
    Does anybody know the phone number for DWP? Thank you 😊 
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    Tracy · 1 months 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
  • Thank you for your comment. Comments are moderated before being published.
    Sean tuffin · 1 months ago
    Who do you have to call, is it just a call straight to pip 
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      Michelle · 1 months 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 · 1 months ago
      @Sean tuffin Yes pip.
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      Debs · 1 months ago
      @Sean tuffin Yes but your lucky if they tell you anything but good luck 
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    Sunshine l · 1 months 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’.
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      Bkaaag · 26 days ago
      @Sunshine l My claim was from 2017 and I still haven’t hear anything.. I did call up last week and ask if my claim had been flagged the lady said it has and it could take up to the end of this year to deal with it…hope this helps 
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      Karl · 1 months 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 · 1 months 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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      Marie · 4 days ago
      @Tammy I’m the same I can’t go out without my mam and dad that is when I can go out as most days I’m at home they do nearly everything for me.  I rang PIP a month ago to say I wanted them to look at mine with the new rule change I received a text today to say i should hear by 13th June so will see xx
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      Michelle · 1 months 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 · 1 months ago
      @Tammy Yes
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    John · 1 months ago
    How do I find out if I'm owed money back
  • Thank you for your comment. Comments are moderated before being published.
    Jon · 1 months ago
    Hi I’ve been on pip since 2018 so how do I go about looking into this?
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      Angela · 2 days ago
      @Marie Hi Marie I'm waiting to hear from as well.my date is 21st may.i have rang them and they say it could take another 8 weeks 16 weeks in total.i think the text messages are automatic.i will update if I get any news.
    • Thank you for your comment. Comments are moderated before being published.
      Marie · 4 days ago
      @Michelle Hi just wondering if you heard anything x
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      Bkaaag · 23 days ago
      @Angela @angela that’s brilliant thankyou very much for you’re reply glad yours has been delt with..yes fingers crossed mine shouldn’t be that far behind🤞
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      Angela · 24 days ago
      @Bkaaag Hi mines from 2016. Fingers crossed you get it looked at soon.
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      Bkaaag · 24 days ago
      @Angela @angela if you don’t mind me asking when did you start you’re claim?as I started mine in 2017 and when I called up last week the lady said they were going through 2016 claimants at the minute and it could take up to a year to get to 2017s claimants
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    Debs · 1 months ago
    Iv been told Iv been selected anybody know what that means and it’s from 2016
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      Harris · 1 months 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 · 1 months ago
    I just phoned pip and they said to me they are only looking at 2016 -2017 ?
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      Angela · 1 months ago
      @Dddddfff Hi I had a review in August 2021 and I got the points then.but I feel I should have had them since 2016.i think they started to add the points from 2021.please check if you feel you could get it looked at again.
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      Dddddfff · 1 months ago
      @Angela Hi mine statde sept 21 would i be in included in this .
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      Anon · 1 months ago
      @Angela Thanks well mine started back end of 2020 and didn’t get decision until 2021 so fingers crossed thank you  
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      Angela · 1 months 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
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      Anon · 1 months 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 · 1 months 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 · 1 months 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 
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      Natalie w · 1 months 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 
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      Anon · 1 months 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 · 1 months 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? 
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      Julie Jones · 1 months ago
      @Betty My partner is exactly the same as you, received a letter saying could take till 2025? 
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      Betty · 1 months ago
      @Harris OK thanks .. can't believe how long my review is taking.. how long was yours ?

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      Harris · 1 months ago
      @Betty Yes I was contacted by them after my review was completed. 
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    Harris · 1 months ago
    Update- £11,500 arrived into my bank today! Got the decision last Monday so took 5 working days to clear for anyone who's waiting. Life changing sum of money

    Good luck to all of you who are currently waiting for an update. Good luck! 
    • Thank you for your comment. Comments are moderated before being published.
      Cat · 1 months ago
      @Harris Amazing!! How is it best to contact them please? And do you have the contact details?
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      Harris · 1 months ago
      @Sue lyons In my forms I just explained I received treatment once a month along with CBT therapy. The medication I took helped me deal with more intense social situations and also listed my carer/ partner who without her I wouldn't be able to leave the home as she drives me and can tell by my body language or behaviour if a situation is getting too much for me. Hope this helps 🙏 good luck 
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      Sue lyons · 1 months ago
      @Harris Thats brilliant im just looking at my hubbys forms now but not sure what im looking for can you help?
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      Harris · 1 months ago
      @Angela Overall I think about 8 weeks from sending my form back to getting a decision letter. 
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      Harris · 1 months ago
      @Sunshine l Hi, My review didn't take long at all. After I sent my forms back I received a text about 2weeks later saying I was to have a telephone assessment in 2 weeks time. After I had done my assessment I think it took not even 2 weeks to receive my outcome. I had been upgraded from standard daily living to enhanced and stayed on standard for mobility. I've been on pip since 2016 so I think my back payment is from 2016-2021 although I'm still waiting to receive the letter. Hope this helps in any way 🙏 
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    Midnight · 2 months ago
    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 

    I urge anyone who feels like they deserve this, to please contact DWP and get what you so rightfully deserve, it's not always a quick process, but please do keep on at them (I know this is easier said than done when dealing with ongoing health issues, so if you don't feel up to it, ask someone to help). This is money you should have been receiving and it's rightfully yours, it's going to change people's lives and I want to make sure everyone who is entitled to it gets it.😊

    Thank you to this group and everyone in it, you'll never know how much you've helped flip my whole life around 🥰
    • Thank you for your comment. Comments are moderated before being published.
      Sunshine l · 1 months ago
      @Midnight Well-done midnight 
      What about just normal chold tax credits 🤔 I was on that and income support before I had my tax credit claim ended due to offices not communicating to each other even tho i did it all the roght way and double checked i did with income support but tax credits ended my claim there and then on a phone call so had no choice to go to uc and wich I lost my sdp topup from income support just wonder with tax credits was it only if you was working or not as I cannot seem to find a concrete answer 
      Thankyou
  • Thank you for your comment. Comments are moderated before being published.
    Poppy · 2 months ago
     I received two points for question 9a back in 2019 and again at my review in 2023. This left me short by one point for enhanced daily living award. Do you think it’s worth me contacting them to ask if it should be reviewed. The way I read the MM judgement I think I should have been awarded four points.
    • Thank you for your comment. Comments are moderated before being published.
      Harris · 2 months ago
      @Poppy Yes I think it would be worth giving them a call as sounds me to as tho you have been effected by the law change. All the best 
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    Natalie · 2 months ago
    Hi i called pip and they said ive been flagged for the mm judgement does anyone know what happens from there and when should i recieve letter ect thank you
    • Thank you for your comment. Comments are moderated before being published.
      Natalie · 2 months ago
      @Sunshine l I am not sure how it all works i am on adp now and waiting to hear back from my review not sure if will be the same as i am not on pip now its adp all confusing just need to wait it out all i was told was i have been flagged and to wait on letter ect thanks
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      Natalie · 2 months ago
      @Bell Thank you just need to wait it out and hopefully hsve good news when i do here back from them
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      Natalie · 2 months ago
      @David Thank you i didnt know anything about it until someone told me so thought i eould give them a call just need to wait and see if i am entitled to anything…thats great you got money back enjoy
    • Thank you for your comment. Comments are moderated before being published.
      Sunshine l · 2 months ago
      @Natalie If true currently in review it will not be done until review is done rewarded or not 
      What I can understand is people who have had reviews or still have years there mm ruling is sorted faster then people in review or up coming review 
      Iv been flagged but been in review since Aug last year it hasn't been sorted so it's put a block on the mm ruling review from 2018 
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      Bell · 2 months ago
      @Natalie I’m the same I called up in January and still haven’t heard back, they couldn’t give me a time on it, I never got a letter or anything I just heard about it and called to see if I was affected and i was, if I do hear back Il post 
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    David · 2 months ago
    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 
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      Lisa · 1 months ago
      @David Hi david, thanks for info, can you confirm when you were awarded higher rate of daily living please, was it just recently because of law changes is that why you got payment hun? Or have you been on higher rate of daily living and the said amount was for previous years you wasn't? 
      Thankyou in advance 
      Lisa x
    • Thank you for your comment. Comments are moderated before being published.
      Anon · 2 months ago
      @David Hi yes that does help, I started in 2021 so I imagine I’m too late for any back payments thanks though u finally know ! 
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