We’ll get £12,000 in subordinated PIP payments after a huge rule change

Dubbed the ‘MM’ judgment, the DWP realized that hundreds of thousands could now be entitled to additional support.

It means that people may not have received one of the two elements of PIP even though they were actually entitled to it.

Others may have received the standard rate but should have received the increased rate, which is a higher amount.

In response, the DWP launched an administrative exercise in 2021, looking at PIP claims since 6 April 2016 to determine whether claimants may be eligible for more support.

In its latest update, the DWP says it has identified around 326,000 cases requiring assessment.

To date, around 79,000 cases reflecting MM’s judgment have been assessed and arrears totaling around £74 million have been paid out to 14,000 people.

The exact amount of retroactive PIP payments you might qualify for will depend on your own circumstances, but the average payout is around £5,285 per claim.

The DWP has recently prioritized terminally ill and recently deceased claimants to test processes and communications with claimants to ensure they are effective “before they are ramped up”.

The department said: “We closely monitor the number and reasons for revised awards and carry out regular quality checks to ensure our decision-making is accurate and fair.

“We are committed to making back payments as quickly as possible to all claimants affected by this judgment.

“So in addition to continuing to assess claims that fall within the definition of ‘social support’, we are also testing a more proportionate approach for claimants who may only be affected by the timing element.

“We will invite approximately 284,000 claimants in this group to contact the department if they believe their claim is affected by this judgment and have not previously been identified as needing help connecting with other people in person come, because all the help they received was in advance. .”

Who is affected?

PIP consists of two elements: a daily living section if you need help with daily tasks, and a mobility section if you need help getting around.

Claimants who qualify for each element will then receive a standard or increased grant.

When you apply for the benefit, you will receive between zero and eight points for ten different ‘activities of daily living’.

Those who receive the highest number of figures are more likely to receive the increased payment – which is greater than the standard PIP entitlement.

The standard PIP daily living allowance is currently £68.10 per week and the increased rate is £101.75 per week.

One of the scored activities, known as activity nine, assesses a claimant’s ability to interact face-to-face with other people.

However, a High Court judgment in July 2019, following a Supreme Court ruling, changed the way the DWP defines ‘social support’ in activity number nine.

Dubbed the ‘MM’ judgment, the DWP realized that hundreds of thousands could now receive extra points for this activity, which could increase claimant payments.

It means that people may not have been entitled to the daily life of PIP, when in fact they were entitled to it.

Others may have received the standard rate but should have received the increased rate.

However, the DWP will not assess claims if:

• The increased rate of the daily living portion of PIP has been awarded continuously since 6 April 2016
• A court has made a decision on a claim since April 6, 2016
• The decision not to grant PIP was taken before April 6, 2016

Halide Kalfaoglu, benefits expert at anti-poverty charity Turn2us, said: “This change to the PIP rules for assessing components of daily living has been in place since 2016. Since 2021, but the DWP has been assessing PIP claims to see whether there are any claims. It is an ongoing process and is expected to be completed in 2026.

“A specific group of claimants are invited to contact the DWP if they believe their claim will be affected by this judgment.

“This includes those who currently score a nine in their PIP assessment, where the guidance they receive should be considered ‘social support’ and will mean they will need to score an additional two points.

“Those who score a nine in their PIP assessment can benefit from just the timing portion of the assessment (pre-activity support).”

If you have been contacted by the DWP or believe you may be affected by the MM judgment, you should appeal your PIP decision.

How can I appeal a PIP decision?

If you think a PIP decision was wrong, you can challenge it.

If you have been contacted by the DWP or you think your PIP payments may be affected by the MM judgment, you should ask for a “mandatory reconsideration notice”.

This is where the DWP will look again at your claim decision.