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.
    · 7 months 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.
      · 6 months ago
      @laney @laney hi I am not too sure I just read online that anyone who has gone through tribunal will not be looked at as the decision has been made by the courts and they cannot override there decision…if you feel up to it maybe give them a call and ask if you’re case is being looked into just so you know here is the number I find is best to speak to them on 08001216579 ☺️
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Bkaaag Hello, what if it has been decided by a tribunal but it was years ago ?
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months ago
      @Bkaaag Thank u so much this is very helpful 😊
    • Thank you for your comment. Comments are moderated before being published.
      · 6 months 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.
      · 6 months 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? 
  • Thank you for your comment. Comments are moderated before being published.
    · 7 months ago
    Has anyone else heard anything from 2017/18 claims mm law rule change as this waiting game is a mental exhaustion in itself 
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Emma Just updating I posted 13 days ago to say I was waiting. Got a random call out the blue on Monday to say I'm owed 11k and I've gone up to enhanced!
    • Thank you for your comment. Comments are moderated before being published.
      · 5 months ago
      @Clair R October 2017 heard nothing. Rang up a few times and was told my claim will be looked at but can't tell me when. Told me end of year last year now it's nearly July. My claim is also being reviewed currently so I'm anxious 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months ago
      @Clair R I'm November 2017 and heard nothing 
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    · 7 months ago
    Does anyone know what year there up to on the m m review? 
    Many thanks 
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      · 6 months ago
      @Sasha I spoke to them this morning she said 2017/2018
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months 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.
      · 7 months ago
      @Bkaaag Thank u for your reply. My claim is also from 2017. Fingers crossed we will hear soon. 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months 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 
  • Thank you for your comment. Comments are moderated before being published.
    · 7 months 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 ??
  • Thank you for your comment. Comments are moderated before being published.
    · 7 months ago
    Is it for mobility or daily living
  • Thank you for your comment. Comments are moderated before being published.
    · 7 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.
  • Thank you for your comment. Comments are moderated before being published.
    · 7 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 
  • Thank you for your comment. Comments are moderated before being published.
    · 7 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.
      · 7 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.
      · 7 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.
    · 7 months ago
    Does anyone know whether I can get the enhanced rate if I don't have anyone to help, support or prompt me?
  • Thank you for your comment. Comments are moderated before being published.
    · 7 months ago
    Which department can I write too my case has been selected for review but no one tells you anything at the dwp 
  • Thank you for your comment. Comments are moderated before being published.
    · 7 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.
      · 6 months ago
      @Julie Jones The reason my partner wasn’t selected is because his claim was overturned by a tribunal. So was just wondering his new review form was sent last June. not heard anything yet should he now have enhanced daily living? 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 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.
      · 7 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 .
  • Thank you for your comment. Comments are moderated before being published.
    · 7 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 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 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.
  • Thank you for your comment. Comments are moderated before being published.
    · 7 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 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 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.
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    Does anybody know the phone number for DWP? Thank you 😊 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 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.
    · 8 months ago
    Who do you have to call, is it just a call straight to pip 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 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 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @Sean tuffin Yes pip.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @Sean tuffin Yes but your lucky if they tell you anything but good luck 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 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’.
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months 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 
    • Thank you for your comment. Comments are moderated before being published.
      · 7 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. 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    Does this include people that cant go out on their own and need family or friends with them due to safety reasons?

    • Thank you for your comment. Comments are moderated before being published.
      · 6 months 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
    • Thank you for your comment. Comments are moderated before being published.
      · 8 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.
      · 8 months ago
      @Tammy Yes
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    How do I find out if I'm owed money back

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