Millions of PIP Claimants Could Get Up To £5,200 in Back Payments: Here's How to Check If You're Due a Refund

Thousands of people who claim Personal Independence Payments (PIP) may be due money back from the Department for Work and Pensions (DWP). Arrears may be due to PIP claimants going back as far as April 2016, following a change to the assessment rules for the Daily Living component, specifically on the definition of ‘social support’. New figures from the DWP show that 325,867 reviews have still to be conducted for people who may have been affected and been underpaid the disability benefit.

The 'MM' Judgement

In July 2019, the Supreme Court handed down a judgment following an Upper Tribunal decision which changed the way the DWP considers the definition of ‘social support’ for Daily Living activity number nine. The ‘MM’ judgment concerns the definition of ‘social support’ when engaging with other people face to face and when ‘prompting’ should be considered ‘social support’ in the PIP assessment, and how far in advance social support can be provided.

Back Payments for PIP Claimants

The DWP estimates it will review 632,286 PIP cases during the course of the corrections exercise this year and by March 31 had already looked at 219,080 awards, paying out a total of £142 million in arrears payments, reports the Daily Record. The DWP said it will contact 279,903 claimants who may have been affected by the assessment rule change, however, anyone who thinks they may have been impacted can also contact the DWP and ask them to look again at their claim.

There is no set arrears amount per claimant as each case is different, but last year it was estimated that the average payout was around £5,200. However, members of an online benefits advice forum have reported receiving backdated PIP payments of between £3,000 and nearly £11,000.

The independent Benefits and Work website reports that several members of its online community have been contacted by the DWP informing them they are due an arrears payment. You can read more member comments about PIP back payments on the Benefits and Work website here.

Who Is Eligible for Back Payments?

The MM judgment can only affect a claimant’s assessment for the Daily Living part of the PIP assessment. The DWP is reviewing cases where additional points for Activity 9 (‘prompting’ or ‘social support’) may make a material difference to the amount of PIP claimants’ are entitled to.

People who may have missed out on the Daily Living component element of PIP, or were awarded the standard rate and may be entitled to the enhanced rate, include:

Individuals who require ‘prompting’ to prepare a meal, for example, who need someone to remind them to put the food on the stove or to turn it off when it's cooked.
Those needing assistance with daily tasks like dressing, washing, or toileting because of anxiety or stress.
People who require help because of sensory impairment, such as visual impairment or hearing loss, to engage with other people face to face, due to needing to focus on a conversation to understand what is being said.

Who Is Not Eligible for Back Payments?

The DWP is not reviewing claims if:

The claimant has already been assessed for PIP since July 2019.
The claimant was awarded the highest rate of PIP for the Daily Living component.
The claimant was awarded the enhanced rate of PIP for the Daily Living component, as they would already be receiving the maximum payment available.

What to Do If You Think You're Due a Back Payment

If you think you may have been affected by the assessment rule change, it is important to contact the DWP and ask them to review your claim. You can do this by calling the DWP helpline or writing to them. The DWP will then assess your claim and decide whether you are due any back payments.

While the DWP is reviewing claims, claimants will continue to receive their PIP payments as normal. However, if the review finds that you are due back payments, you will receive them as a lump sum.

The DWP's Response to the 'MM' Judgement

The DWP has been criticized for its slow response to the MM judgment, with some claimants waiting over a year for their reviews. The DWP has said that it is working hard to clear the backlog of reviews and that it is committed to ensuring that all claimants who are due back payments receive them.

The DWP has also said that it is taking steps to improve the way it assesses PIP claims in the future, in order to ensure that claimants are not underpaid in the first place.

The Future of PIP

The DWP is currently consulting on a number of changes to the PIP system, which aim to make it more efficient and fairer. These changes include:

Reviewing the assessment process to make it more accessible for claimants.
Introducing a new Health Assessment Service, which will be rolled out across the country in the next five years.
Providing more support to claimants who are going through the PIP assessment process.

The DWP says that these changes will make the PIP system more responsive to the needs of claimants, and ensure that they receive the right level of support.

Conclusion: Don't Miss Out on Your Entitlements

The DWP is working to address the backlog of PIP reviews and ensure that all eligible claimants receive their rightful back payments. If you think you may be due a back payment, it is important to contact the DWP and ask them to review your claim. Don't miss out on the financial support you're entitled to.