The Department for Work and Pensions (DWP) has been instructed to carry out a major review of approximately 200,000 disability benefit claims, a move that could see thousands of people receive backdated payments averaging £5,000.
Legal Ruling Forces DWP to Act on PIP Assessments
This large-scale reassessment of Personal Independence Payment (PIP) cases follows a significant Upper Tribunal ruling from November 2022. The tribunal found that the DWP had been incorrectly applying the law when assessing how well claimants could plan and follow a journey.
The legal challenge, brought by a claimant known as ML, centred on the activity of ‘planning and following a journey’. The tribunal clarified that experiencing ‘overwhelming psychological distress’ should be considered a separate difficulty from simply needing ‘support’ to travel. This distinction had not been properly reflected in many PIP assessments.
As a result, the DWP has been forced to identify all claims where this legal error might have occurred and check if the claimant’s award was correct. A DWP spokesperson confirmed the department is now ‘undertaking an exercise’ to review cases assessed under these flawed rules.
Who Could Be Affected and What It Means
The review focuses on claimants who were assessed for PIP between 2016 and the law change in November 2022. If the DWP finds that someone should have received a higher award due to this error, their claim will be reassessed and their award will be backdated.
This could mean a substantial lump sum payment for many. Experts estimate the average back payment could be around £5,000, with some individuals receiving significantly more depending on their circumstances and how long they were underpaid.
The DWP has stated it will write to everyone whose case is identified for review. Claimants do not need to contact the DWP proactively; the department will reach out to them directly. However, welfare rights organisations are urging anyone who thinks they may have been affected to seek independent advice.
The error specifically relates to the ‘mobility’ component of PIP, which helps with the extra costs of getting around. A successful claim for this component can be worth either £26.90 or £71.00 per week, depending on the level of need assessed.
Broader Implications for the Benefits System
This is not the first mass correction exercise the DWP has had to undertake. Similar legal errors in the past concerning PIP and its predecessor, Disability Living Allowance (DLA), have led to billions of pounds in back payments.
The latest ruling highlights ongoing concerns about the consistency and legal accuracy of PIP assessments. Charities and campaigners argue that the system remains too complex and stressful for vulnerable people, often leading to incorrect decisions that require lengthy appeals.
For the 200,000 individuals now awaiting review, the process offers a chance for financial redress. The back payments could provide crucial support during the ongoing cost of living crisis, helping to cover energy bills, food costs, and other essential expenses.
The DWP has not provided a specific timeline for completing all the reviews but has committed to carrying out the work ‘as quickly as possible’. Claimants are advised to ensure their contact details are up to date with the DWP to avoid any delays in communication.
