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.
    Darren · 2 months ago
    Hi I get pip as was born with no left hand, been getting it most of my life but last year or so money went up alot from what it was for years, how do you know if you intitled to any back payments? Is there a reason or is it for ppl how are just started to get it but ment to ages ago,any help would be great please thanks.
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    Angela · 2 months ago
    I've phoned pip yesterday because I seen it on the Internet about the mm judgement.they said I've been flagged up already but I'm going through a review so that has be sorted out first.they received my review form last week.anyone know how long it's taking to do a review ?.
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      Angela · 2 months ago
      @Sunshine l I know it takes forever it plays on your mind doesn't it. Best of luck keep us informed if you hear anything because you've put yours in before me.
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      Sunshine l · 2 months ago
      @Angela Hi my review forms have been in since August last year and iv still not had a review I am also waiting for this to be sorted before the mm review can be sorted so frustrating 
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      Angela · 2 months ago
      @Jade Wow that's terrible hopefully you get the result you want after waiting all that time.im eager to sort my reveiw because they wont look at my leap review till that's sorted.
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      Jade · 2 months ago
      @Angela 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
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    Anon · 2 months ago
    Rang up this morning as much use as a chocolate fireguard, can’t tell you anything what’s the point then 
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    Leskp · 2 months ago
    Hi...iv been on standard daily living and mobility since march 2021 I was given a 3 year award this is now up but was sent a extension letter last week .Would it be worth me calling dwp to look at my award I'm on my therapy and need prompting on several things which actually said on my form and my assessment 3 years ago..TIA
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      Anon · 2 months ago
      @Leskp Same as me, I think it’s worth ringing and asking I’m going to as my mental health and support has significantly changed since my assessment in 2021
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    Anon · 2 months ago
    Does this count for 2021 ? As I’m receiving social support since then 
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    Samantha Hepworth · 2 months ago
    I called them last week they said I am on the list to be looked at but could take a year lol
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    Margaret · 2 months ago
    I want to know what happens to the claimants who were underpaid for years but have past away in the mean time. Do they get over looked for the time they were alive and claiming or weather they are still ignored?
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    Harris · 2 months ago
    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
    • Thank you for your comment. Comments are moderated before being published.
      Harris · 2 months ago
      @David Still waiting for the payment to drop so not 100% sure on if its split up but according to the woman at pip i spoke with, she said " money will be in your account in the next 5 days" so I would assume that's the full amount of backdated money you are owed. I could be wrong so best to give them a call if you can. I know how difficult it can be to deal with those types of phonecalls so best of luck. I'll update on here once the payment drops to give a approx time of how long it takes from receiving a decision to the payment being in my account. All the best 👍🏻 
    • Thank you for your comment. Comments are moderated before being published.
      Harris · 2 months ago
      @Th Give pip a call would be the best advice I think. I didn't contact them at all, they contacted me after my recent review. 
    • Thank you for your comment. Comments are moderated before being published.
      Th · 2 months ago
      @Harris Amazing news I think I might be one how to I get answer 

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      David · 2 months ago
      @Harris How many payments did they send you ..I have received a payment this evening for £3,258.08...it was from pip ..I started getting my.pip in 2016/17 ..I need promoting to help with my mental health illness ..they gave me 2 points back then ..I have not received a phone call like you did ..could I be owed more money..I.hope so  lifes so hard at moment   thanks 
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      Harris · 2 months ago
      @Th It was a form pip sent to me regarding how I dealt with social situations, who helped me and what treatment I was receiving to help deal with social situations between 2016-2021. It was 6 questions and fairly simple to fill out. 2 weeks later I got the phone call saying I am to be paid a back payment of 11 grand. Couldn't believe it! 
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    Frances · 2 months ago
    Hello 

    Has anyone received  this PIP letter for a deceased partner or family member. My dad sadly passed at Christmas and we got this letter today out the blue - we thought it was a scam as they misspelled my Mum's name and asking for bank details - it all seemed very odd. To be honest the letter is very vague! I have called them and they have confirmed it is legit and to complete and return ASAP as it is very important. 
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    Ron · 2 months ago
    I'm not sure how to word this,I recently received a letter concerning Point of Law, I get standard pip,My Question if I'm awarded more points to enhanced rate how far back will it be backdated,Is it 6 April 2016?,I recently had a telephone assessment regarding this,Thanks for any Info,All this is constantly on my mind I will lose everything 
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      Mark · 1 months ago
      @Ron There is a backpay limit of 5000 to 12000 and getting it is not counted as savings as far as Universal Credit is concerned for 1 year. However I don't know if it will impact Council Tax reduction claims.
  • Thank you for your comment. Comments are moderated before being published.
    Harris · 2 months ago
    I received a letter asking how I dealt with social situations between 2016-2021. I currently receive enhanced daily living as it was upgraded from standard in my recent review ( literally 3 weeks ago). I sent the social support letter back 2 weeks ago does anyone know how long it takes to receive a reply? Have know idea what the next step is as I haven't received any updates at all from dwp. I feel I qualify for the backdated payment as I was 1 or 2 points off enhanced at the time. Thanks 
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    AL · 2 months ago
    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. 
    • Thank you for your comment. Comments are moderated before being published.
      David · 2 months ago
      @AL Did you receive one payment into your bank ..like £11, 000... I received a payment this evenning Tuesday  for £3, 258.08....I was in shock  I started crying then 😭 😢  more crying  I took more meds couldnt beleave it 
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      Tanya burrell · 2 months ago
      @AL How long have you been on pip

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    Kamljt hunjan · 2 months ago
    My pip was stopped for 5years I claimed again and won my case but I don't understand why it stopped when I still have epilepsy and my health is worse 
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    JW · 2 months ago
    I believe I'm affected but haven't heard anything. Plus I've been going through an appeal since Feb 2022
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    JP · 2 months ago
    I haven’t heard anything from pip yet lol
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    Ali · 2 months ago
    I have received my 1st payment of pip but my claim start back in july 2023 when would i get the back dated payment?
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    Midnight · 2 months ago
    Just wanted to give an update and a timeline for anyone who's going through this at the moment.

    I originally sent a letter to DWP at the end of October, because I had a review in for my current claim they said they couldn't look at the previous one until that had been finalised.

    My current claim was finalised on beginning of December, and then they text me to say they would look at my previous claim by the 11th February.

    11th of February came and went and no decision so I called them a couple of times and was just advised to wait and they would get to me as soon as they could, because they were incredibly busy.

    Had a call on Tuesday this week (5th) from a decision maker, she ran through a few questions with me, like how I prepared if I am going to go out and who I use as my support when I do that etc. She told me there and then that she was going to back date my claim to 2016 and increase it from standard to enhanced. I have just had just under £5K paid into my account today.

    I couldn't be happier, obviously the money is an amazing bonus, but to be believed that I should have been entitled to it all along is what really makes me happy.

    As a side note, anyone who was working whilst claiming PIP during this period and also claiming working tax credit would have been entitled to a disability premium as part of their tax credit claim, as we are getting back dated amounts of PIP it is definitely worth contacting them and asking them if they will back date the disability element on your working tax credit as well. 👍😍
    • Thank you for your comment. Comments are moderated before being published.
      Elanor · 2 months ago
      @Midnight Hi just wanted to ask if I need to contact them about this or they will contact me if I'm owed anything. I've recently done a review on my pip at end of last year took them about 10 months to do and this time around was awarded the higher rate for daily living. Does this mean I would be owed anything as I've always needed help with those things. 
    • Thank you for your comment. Comments are moderated before being published.
      Angela · 2 months ago
      @Midnight Thanks for the advice about tax credits i never thought of other benefits it can effect .im just waiting for a renewal and then their going to look at my claim with regards to the mm judgement.so pleased for you and wishing everyone else waiting fingers crossed.
    • Thank you for your comment. Comments are moderated before being published.
      Jade · 2 months ago
      @Midnight So I gave a call today midnight and they said because I have been under review from September last year the will make a decision about my letter I wrote in with the review? Fingers crossed all goes well they said it’s 49 weeks for a decision on a review so still a long wait to go 
    • Thank you for your comment. Comments are moderated before being published.
      Midnight · 2 months ago
      @Jade If you feel up to it I would give them a call and give them a little nudge, although I know all too well how miserable it is sitting in their queuing system waiting to be answered 😊
    • Thank you for your comment. Comments are moderated before being published.
      Jade · 2 months ago
      @Midnight So happy for you midnight you finally got sorted. I still haven’t heard anything at all not even txts to say they are looking etc I posted my letter beginning of November so hopefully hear something soon
  • Thank you for your comment. Comments are moderated before being published.
    Stuart · 2 months ago
    I got sent a letter answered the questions what happens next please 
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    V · 2 months ago
    Please can you tell me where to email , so I can check , my PIP/DWP to see if I can claim any back dated payments.As its not Deaf aware  phoning. 
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    Brenda · 2 months ago
    Got a phone call I’ve been awarded almost 10,000. This is from 2017 to 2023. I was moved over to ADP last year. My payment has gone up to enhanced also from standard. 
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      Sarge19846 · 1 months ago
      @Brenda Did you have to ring them an ask if you were owed backdated or did they just do it off there own back?
    • Thank you for your comment. Comments are moderated before being published.
      Jay · 2 months ago
      @Brenda I moved over to ADP last year. Not sure if they will look at my claim now.

      With my PIP I was originally on just standard daily living, but when I had a review that was changed to enhanced daily living and standard mobility which is what I should have originally been on for mental health and autism. 

      So in theory I should have originally scored those extra points for social situations but I doubt they will change mine. When they looked at the mobility bit when there was a law around prompting and following routes ect they said I still didn't qualify when I should have.

      I was meant to get the Christmas Bonus at Christmas but never did. I tried phoning DWP to sort it but went around in circles.
    • Thank you for your comment. Comments are moderated before being published.
      Brenda · 2 months ago
      @Amanda Hi yeah it went in after 6 days was so happy .. I noticed my ADP payment has gone in and hasn’t moved up to enhanced rate as of yet tho. Call going in tomorrow lol
    • Thank you for your comment. Comments are moderated before being published.
      Amanda · 2 months ago
      @Brenda That’s great it sounds like you’re in the same situation as me how long did the money take from when they said 5/7 days? To go in your bank? 
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      Brenda · 2 months ago
      @Micky I didn’t receive any texts only one letter asking for bank details it said you may be owed money. Sent them the details. Within one week I received a call from an 0800 number telling me almost 10,000 would be in my bank within 5/7 days. Got it yesterday. Absolutely over the moon and so grateful 🙏
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