The Department for Work and Pensions (DWP) has begun reviewing Personal Independence Payment (PIP) cases following a rule change that could result in significant back payments. Many claimants have already reported receiving lump sums ranging from £3,000 to £11,000, with the average payment sitting around £5,285. These payments are linked to the MM judgment, a 2019 Supreme Court ruling that redefined “social support” in PIP assessments.
MM Judgment
The MM judgment, issued in July 2019, changed how the DWP interprets “social support” for Daily Living Activity 9 in PIP assessments. It clarified:
- Social support includes face-to-face interactions and “prompting” from a specific person, such as a trained mental health professional or a knowledgeable friend or relative.
- Timing: Support provided in advance of an interaction (e.g., preparatory advice) may also qualify as “social support.”
This redefinition impacts how points are allocated for the Daily Living component of PIP, potentially increasing entitlement levels.
Who Is Eligible?
Claimants may qualify for backdated payments if they:
- Missed Out on the Daily Living Component
- Were denied the Daily Living component but required “social support” for face-to-face encounters.
- Received the Standard Rate
- Were awarded the standard rate but should have qualified for the enhanced rate.
Examples include:
- Individuals relying on mental health professionals to manage social interactions.
- Claimants who need specific friends or relatives with experience supporting them in social situations.
Exclusions
The DWP will not review claims if:
- The enhanced rate of the Daily Living component has been awarded continuously since April 6, 2016.
- A Tribunal made a decision on the claim after April 6, 2016.
- The claim was denied before April 6, 2016.
Backdated Payments
Payments vary depending on the length of time and rate adjustment, but reports show:
- Average Arrears: £5,285 per claimant.
- Range: £3,000 to £11,000.
One claimant shared receiving:
- £5,000 in March 2023 after their case was reviewed.
- An additional £5,500 from HM Revenue and Customs (HMRC) due to miscalculated Working Tax Credits, resulting in a total of £10,500.
DWP’s Progress on Reviews
As of August 2023:
- 79,000 cases have been reviewed.
- 14,000 claimants received arrears payments totaling £74 million.
- 326,000 cases are yet to be reviewed under the MM judgment criteria.
Affected
You may receive a letter or phone call from the DWP about a review of your case. Alternatively, if you believe your claim was impacted by the MM judgment, you can:
- Contact the DWP: Ask for your claim to be reviewed in light of the MM judgment.
- Check Your Award Letter: Look for details regarding the Daily Living component and points allocated for Activity 9 (social support).
How to Dispute a Decision
If the DWP reviews your case but you disagree with the decision, you can:
- Request a Mandatory Reconsideration (MR): This must be completed before an appeal.
- Appeal to His Majesty’s Courts and Tribunals Service (HMCTS): If the MR is unsuccessful, you can take your case further.
Life-Changing Opportunity
Back payments are transforming lives. One claimant expressed gratitude after receiving £10,500, stating:
“This has changed my life. I’ve been able to buy a car for my family, pay off debt, and live without fear of running out of money.”
If you believe you’re eligible, it’s worth investigating your case or contacting the DWP to ensure you don’t miss out on potentially life-changing payments.
FAQs
What is the MM judgment?
A 2019 ruling redefining ‘social support’ in PIP assessments.
Who qualifies for back payments?
Claimants affected by ‘social support’ miscalculations in Daily Living assessments.
How much can back payments be?
Ranging from £3,000 to £11,000, with an average of £5,285.
How do I request a review?
Contact the DWP and reference the MM judgment.
What if I disagree with a decision?
Request a Mandatory Reconsideration (MR) or appeal to HMCTS.
