Thousands of older people across the UK could be in line for a significant back payment from the Department for Work and Pensions after a change in the law uncovered an administrative error.
What is the DWP Regulation 27 Error?
The issue centres on Personal Independence Payment (PIP) mobility awards for claimants over the State Pension age, which is currently 66. The DWP has identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.
This legal flaw meant that, between 8 April 2013 and 20 November 2020, the DWP did not have the authority to restrict the mobility award for certain pensioners. Specifically, the department could not deny an increase to the enhanced rate based on new medical evidence alone if the claimant was already over State Pension age and receiving the standard rate.
Who is Eligible for the £308 Payment?
You might be eligible for a backdated payment if you meet all the following criteria:
- Your PIP claim was reviewed between 8 April 2013 and 20 November 2020.
- You were over State Pension age at the time of the review.
- You were receiving the standard rate of the mobility award.
- You had a health professional assessment that recommended the enhanced rate.
- Your decision letter stated the DWP could not increase your award because you were over State Pension age.
- You did not report a change in your circumstances that affected your mobility needs.
The correction to the regulations took effect from 30 November 2020. The enhanced mobility rate is currently £77.05 per week, which equates to £308.20 for a standard four-week pay period.
How to Claim Your Back Payment
If you believe you are affected, you need to contact the PIP enquiry line specifically about the 'Regulation 27 administrative exercise review'. You will need your National Insurance number to hand, which can be found on letters about tax, pensions, or benefits.
You can apply by:
- Phoning: 0800 121 4433.
- Writing to: Freepost RUAU-JZTA-KHJC PIP (AE), Mail Handling Site A, Wolverhampton, WV98 2EU.
When writing, include your National Insurance number on every page, along with your full name, address, and a contact telephone number. The DWP will then review your case to determine if you are owed money.
This situation stems from a tribunal ruling on 22 May 2020 that first highlighted the legal gap. The DWP is now rectifying the error, which could put hundreds of pounds back into the pockets of eligible pensioners who were previously denied the higher level of support.
