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.
    · 4 months ago
    Does anyone know what year there still up to because  iam 2017
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      · 1 months ago
      @Bkaaag @Bkaaag hi did you get your update either call or letter regarding the decision and what out come did you have 
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      · 3 months ago
      @Bkaaag Fingers and toes crossed for you. 
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      · 3 months ago
      @Little l I called up on Friday morning and she said she was getting it looked at that afternoon…she said if she needs any more information to help with her decision she will get intouch with me other then that she said I will receive a letter or call in the next 7-10 days with my outcome I will keep updated 
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      · 3 months ago
      @Little l I haven’t heard yet I called them up on Friday morning and they said they was going to look at it that afternoon..she said if she needs anymore info to help her with her decision she will contact me other then that just wait for a letter or call coming in the next 7-10 days I will keep updated as soon as I hear anything 
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      · 3 months ago
      @Bkaaag Hi bkaaag did you hear back ? How was your outcome 
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    · 4 months ago
    the other day I received a letter from pip about my award review, I filled it out and sent it back, then yesterday I received a text from them saying that they received it , and they said they may contact me for more info or I may have to go for an assessment witch I don’t want to lol. 
    Has anything with the change of law got anything to do with this: 
    Just wondering 
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      · 4 months ago
      @Jack Hi Jack I thought the same but mines review first so hopefully get that out the way then they havnt got an excuse to use to not look into the law change as they kept saying cuz I'm under review they wouldn't process it until review with pip was done 
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      · 4 months ago
      @Little l Hi Little I
      it didn’t state on the letter about the law change , I just fort because my award was up for review that they might sort the law change situation out but I’m assuming I’m wrong lol , I have been flagged to be looked at 
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      · 4 months ago
      @Jack Hi Jack did it state it was to do with the law change or a pip renewal? 
      I'm flagged for the change in law and Monday the 12 I have my pip renewal by telephone call that I sent all paperwork and review booklet back Aug last year and they've just got round to do my review witch is happening by call by the 3rd party assessment people 
      I don't hold my breath every time iv ads to have review has been f2f and always lost my claim and had to fight with Mr declined that with all evidence and always submitted to court just before court hearing they have called and re estated award but has always been the lowest couldn't get the 1 point I needed for high rate care always sat at 11 points 
  • Thank you for your comment. Comments are moderated before being published.
    · 4 months ago
    I think that i may need help on this..I won my tribunial appeal back in 2017 and had so much back pay but reqding this i may be able too claim .
  • Thank you for your comment. Comments are moderated before being published.
    · 4 months ago
    Mine is December 2017 and I don't even have a caseworker so I doubt very much it gonna be done and dusted by the end of the year. It's an absolute joke if I owe them so much as a quid they are super quick to contact me then.
  • Thank you for your comment. Comments are moderated before being published.
    · 4 months ago
    i am April 2018 I’ll hopefully hear something soon lol but I dealt it 
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    · 4 months ago
    Enyone with eny updates ? 
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      · 3 months ago
      @Angela Thank you!! My MP has all of my information and my doctors letter stating all of my medical conditions including the support I need to leave the house and I don’t interact face to fact without my mum with me 🥲
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      · 3 months ago
      @Marie All the best Marie got my fingers crossed for you.keep us updated.
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      · 3 months ago
      @Angela I’m doing my MR now Doctors writing me a letter to say I don’t mix with others without social support also my MP is helping me so fingers crossed 🤞 
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      · 3 months ago
      @Marie I am wishing you the best of luck although that’s the last thing you want to be doing is having to do a reconsideration hopefully they change there minds and you get the outcome you want 🤞
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      · 4 months ago
      @Bkaaag Yes that’s wat I’m going to do they said apparently I don’t need prompting nothing about how I never go out alone 😡 x
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    · 4 months ago
    Have called this morning for an update, there was not one. I spoke to a very nice lady who has said that she will contact me if there’s any update so will see. I left 2 months between checking so fingers crossed I might hear something in two months or so if I’m lucky. It’s stressful waiting and not knowing what’s happening. 
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    · 4 months ago
    Are they working on the 22nd march 2017 or 2018 , I’m April 2018 , I’m hoping to hear something soon lol 
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      · 4 months ago
      @Jackc Don't trust anything they tell you cuz you will be disappointed it seems to me they just string people along. A few lucky people was paid out but that was months ago. A lot of people are still waiting and have been waiting a long time. I don't know how they are working it I have heard all different things but something is very wrong clearly. I don't think everyone who is entitled will get paid because they know there is nothing you can do about it.
    • Thank you for your comment. Comments are moderated before being published.
      · 4 months ago
      @Jackc I think alot of people are very frustrated and are waiting to hear something I think Angela was from 2017 a few comments down I'm always waiting from Aug 2018 I called twice for updates to be told two completely different things 
      Hope you hear soon and keep us updated jackc
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      · 4 months ago
      @Jackc No it's not that. I asked for mine to be looked at on the 26th March 2024 so it was put in the task queue.it's been 17 weeks since they said they would look at it.you need to ask them to put it to task so it gets in the queue.i think there's different ways thier dealing with them. My original claim is from April 2016,I get the 4 points for mm now, from 2021 to 2024 and my review is in now,but it's taking that long for reviews I asked them to do my leap review now.
  • Thank you for your comment. Comments are moderated before being published.
    · 4 months ago
    Has anyone  got any  knowledge what the  support means
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    · 4 months ago
    Just phoned the number that Angela has given and it has helped my case. Thanks Angela. Call 08001216579
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      · 4 months ago
      @Angela Oh no! That’s absolutely ridiculous if they have awarded you them points on you’re last renewal and nothings changed then obviously like you said you most definitely should have had the points going from 2016…let us know how you get on I hope they see this when you put in for a reconsideration best of luck although I know you have been waiting so long I hope this next step you take doesn’t take as long 
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      · 4 months ago
      @Bkaaag Hi Bkaaag got my decision they refused me no change.im not having it though got to wait for my letter to come then I'm going to ask for a reconsideration then to appeal if I need to.as far as I'm concerned they've still not applied the law to my case from 2016 to 2021.hope you all have better news fingers crossed for you all.
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      · 4 months ago
      @Angela Aw I have everything crossed for you..I hope they do see to you ASAP you have definitely been waiting long enough!! Best of luck 🤞
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      · 4 months ago
      @Bkaaag Hi no not heard anything yet.i phoned on Tuesday they say there working on the 22nd March and I'm the 26th March so shouldn't be long now. Hopefully lol.
    • Thank you for your comment. Comments are moderated before being published.
      · 4 months ago
      @Bkaaag Hi Bkaaag no not heard anything yet,I phoned on Tuesday this week and they said they were working on 22nd March and I'm the 26th March.so fingers crossed not long now.
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    · 5 months ago
    I have been on pip since 2014 enhanced both in 2016 I had an assessment and got only standard daily living then had another assessment 2020 and got enhanced daily living low mobility never had any changes at all don’t know how it works but it ain’t right at all how different assessors can judge different payments your entitled to when nothing has changed I put in for the mm judgment to be told I weren’t effected? Even though I think I was between the years 2016-2020 do you think I should give it a second go? Has anyone done that and been successful?
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Me You can put in a mantory reconstruction and ask for yours to be looked at the leap review 
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    · 5 months ago
    Hi all, does this article just talk about the new law and benefits or all benefit claims where theres doubt? I mean i have always been on the low payment for care yet i was allocated 17.5 hours. £300 per month i have to pay for this for 7 days a week. This doesnt sound right to me but over 10 years ive been paying it. Any help would really be appriciated.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago
    Hello all, I’ve just had a missed call from unknown number could this be them? Any advice on the number they call you from? Thanks 
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      · 5 months ago
      @Kayakac Fingers crossed for you.i will update when I hear something.
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Angela Won’t let me call back, I’m going to try get an update by phoning myself this week wish me luck 🍀 
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      · 5 months ago
      @Kayakac I think it's an 0800 number.try and ring it back.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago

    @Carly I've been on pip since last year in March been awarded low mobility but only scored 8 in daily, and 2 points on that question ,dose this apply to me or is it only for people between 2016 and 2019 many thanks 
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    · 5 months ago
    I'm more confussed after today's calls 
    I called to see if there was eny progress as I was told few weeks ago I was qued to go to case manager 
    Today been told that's there's nothing on the system that I'm qued or was even anywhere near to be looked at ? 
    They have said because my pip has auto been extended for 12 months they will not be looking at the leap 
    But pip told me they could because they had extended me a year that they could jump in and sort it because if I was awarded then I was have back payment from standard care to high rate care and that the high rate care would be continued to be paided up until my paperwork was looked at to renewal or it got stopped or lowered ext 
    Had enybody else had this told 1 thing then it's completely gone backwards and doesn't make sense off either end as 1s saying 1 thing and the other party saying something else 
    Very frustrated..... thankyou 
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Little l I've phoned and had different people say different things sometimes it's just who you speak to,some are helpful and some aren't. Don't lose hope give it a week and ring again speak to someone else explain that you've had your pip extended and ask if they can put your leap review to task.fingers crossed for you.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago
    I appealed my mm decision they said was not eligible I have bad functioning in social functions with schizophrenia. I need prompting been on standard rate till review they enhanced me. Had anyone else appealed there mm decision and what was the outcome 
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    · 5 months ago
    I got a call on Monday to say they been paying me wrong since 2017 I am due 11k back and they have put me on enhanced standard living I was so shocked. I rang up a few times to ask if my case was gonna be looked at and was told I was on a list and it could take till the end of the year. The woman on the phone said they didn't uphold the law in my assessments because I had and continue to have significant social support from my family and therapy. Don't lose hope you will get it if you're entitled too it I wasn't hopeful at all and they got round to me eventually 
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Jezzkabel That’s amazing news congratulations 👏 
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      · 5 months ago
      @Jezzkabel Thanks for your update and I'm glad you've been successful.it gives us all hope.im a couple more weeks wait I hope.fingers crossed.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago
    I am so fed up that I have lost hope when it comes to this mm judgement because of how long it is taking. I was really hopeful when I found out it definitely applied to me because that money would really help me out so much it would help me sort out my current situation. But out of all the advice centres not that we have many left but places like C.A.B when you speak to them about this they are not too clued up on it or even know what it is. And as for DWP it is the same thing they don't know about it so they transfer you over to someone that does and you never get a clear answer.in my case I was told I was selected and I should hear something very soon that was back in march. Then gets to the end of April and I was told on the phone we are just looking into yours at the moment don't worry we will contact you soon. End of may I called to see where they was up to and the woman on the phone said we have two groups group A and group B. She said luckily you are in group B and that means you will definitely get a payment and we don't need anything from you we will just pay it into your account. You should have it by the month of June. I called again last week and was told a different story. The woman said yes it's true you have been selected but that is all we still have no case manager working on your case and it could take up until the year 2026 before you get a payment. So yeah I have given up hope now I think they just lie and mess you about and unfortunately they won't be held to account for it. Personally I think because of what has gone on in the government and the attack on the benefits system from sunack. They are just hoping people will forget about it even being a thing especially since nobody reporting on it since November last year. I think payments have virtually stopped because they are hoping for a complete overhaul of people being taken off pip.
  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago
    Has enybody had eny updates too add ? 
    Iv called and said there on year 17/18 so in my case I was flagged from 18 so hopefully not long but I was end of august 2018 ☺️
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Little l I got called Monday out the blue and told mine was looked at from 2017 to current award and I was due 11k backpay nearly fell through the floor! I wasn't hopeful at all as I have waited so long to be contacted I knew in my heart that I was eligible because of the support I have they even assessed me again in 2021 after they had the law change and still marked me down as prompting! They admitted yesterday they got it wrong twice. Please don't lose faith they will get round to you. They also said hopefully on my next review they will see this decision and again award me enhanced. 
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Little l Hi I am still waiting it's from 2016 but it's 13 weeks since they put it to task as they call it.im not sure what way they are working it because everytime I speak to someone they tell me something different. Hopefully I will hear soon fingers crossed.they say it's with the decision makers manager ready to be allocated,then I ring again and they can't see anything and it could take months.its very frustrating.i will update as soon as hear anything. 
  • Thank you for your comment. Comments are moderated before being published.
    · 5 months ago
    Hi I phone up the other day and spoke to a case manager she had never heard of this type of complaint and was told you can only complain for the last 13 months , i tried to explain but she did not get it . Could anybody give me a number they called through on . As i need to speak to some one , as i was rejected for going for walk out by myself when suffering with anxiety and deppression . 

    Thanks 

    Hannah

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