Plaid Cymru MP Ann Davies has asked the Department for Work and Pensions (DWP) if it has made an assessment of the “potential merits of extending eligibility of the mobility component of the Disability Living Allowance ” to people over State Pension age. However, Minister for Social Security and Disabilities, Sir Stephen Timms explained that “developing mobility needs in older life is a normal consequence of ageing, which non-disabled younger people have had opportunity to plan and save for”.
In a written response on Tuesday, Sir Stephen continued: “Disability Living Allowance and government mobility support is focused on providing additional help with the extra costs of disability to people who are severely disabled early, or relatively early, in life and who as a result, have had fewer opportunities to work, earn and save.”
The DWP Minister added that it is “normal for pensions and benefits systems to contain different provisions for people at different stages of their lives, because the help provided needs to reflect varying priorities and circumstances” and that the DWP constantly reviews its policies “to ensure they meet the needs of our customers”.
Earlier this year, the DWP announced that certain groups of older people on Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to ask the DWP to look again at their claim following a change in the law.
People over State Pension age may also be entitled to an increased award for the mobility part of PIP even if they have stopped getting the benefit – and be due backdated payments.
It’s important to be aware the change in law only relates to claimants over State Pension age and their entitlement to the enhanced mobility award. New DWP guidance explains it only applies to PIP claims that were reviewed between April 8, 2013 and November 20, 2020.
This change in law follows a tribunal ruling on May 22, 2020 which identified an unintentional gap in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.
Changes to PIP regulations took effect from November 30, 2020 to correct this unintentional gap.
DWP has also launched a dedicated page on GOV.UK to help people check eligibility and ask for their PIP claim to be reviewed – if their mobility award could not increase because they had reached State Pension age.
Who may be eligible for PIP enhanced mobility rate?
The guidance explains if the DWP used a health professional report when reviewing your claim, and you had not reported a change in your mobility needs, you may be entitled to an increase in your mobility award.
This is because we should not have told you it could not be increased because you had reached your State Pension age – you may have got more money.
The enhanced mobility rate is worth £75.75 each week during the current financial year, some £303 every four-week pay period. An award for the enhanced mobility rate, could also enable someone to join the Motability Scheme, to help them get around.
Eligibility
You may be entitled to an increased award for the mobility part of your PIP, even if you have stopped getting PIP, if all of the following apply:
- you had your PIP claim reviewed between April 8, 2013 and November 20, 2020
- you were over State Pension age
- you received the standard rate of the mobility award
- you did not report a change in your circumstances that affected your mobility needs
-
you had a health professional assessment which recommended the enhanced rate of the mobility award
- you continued to receive the standard rate of the mobility award
- your decision letter told you we could not increase your mobility award because you were over State Pension age
DWP also said if you are getting PIP now, they will not reduce your award because of this change. However, it added it cannot look again at any decisions made by a tribunal.
How to apply
Contact the PIP enquiry line on 0800 121 6579 and say you are enquiring about the ‘Regulation 27 administrative exercise review’.
You will need your National Insurance number.
PIP. You can also contact them by post, full details are on the GOV.UK website here.
What happens after you call
DWP will tell you if you need to provide more information to support your application.
If you meet the eligibility criteria, DWP will check to see if you should have been paid more.
DWP said: “If we should have paid you more, we will pay this to you.”
Full details can be found on the GOV.UK website here.