Tens of thousands of Personal Independence Payment (PIP) claimants might be eligible for back payments of up to £5,000 due to a significant change in how the Department for Work and Pensions (DWP) assesses “social support” needs. This change, stemming from the ‘MM judgment’, has led the DWP to review hundreds of thousands of cases dating back to April 2016.
Here’s a comprehensive guide to understanding who might qualify, how the process works, and what to do if you think you’re affected.
MM Judgment
In July 2019, the Supreme Court ruled on the ‘MM judgment’, redefining how the DWP considers ‘social support’ in PIP assessments. This ruling clarified:
- When prompting qualifies as social support: Previously, “prompting” (such as verbal reminders) was not always considered equivalent to social support in PIP assessments. The judgment stated that it should be included if it is necessary for managing face-to-face interactions.
- Timing of support: It acknowledged that social support provided in advance of face-to-face encounters could still be critical.
The judgment directly impacts Daily Living activity number nine, which evaluates a person’s need for help with face-to-face social interactions.
DWP Case Reviews
The DWP began reviewing cases in September 2016, covering claims going back to April 6, 2016. Here’s what the data reveals so far:
- 326,000 cases have been identified for review under the MM judgment.
- By August 2023, approximately 79,000 cases had been reviewed.
- Around 14,000 claimants received backdated payments, totaling £74 million.
- The average payout for affected claimants is £5,285, though the exact amount varies.
Claims Not Eligible
The DWP will not review claims under the MM judgment if:
- You’ve been continuously awarded the enhanced rate of the Daily Living component since April 6, 2016.
- A Tribunal made a decision on your claim since April 6, 2016.
- Your PIP claim was denied before April 6, 2016.
Who Might Be Affected?
Claimants whose PIP assessments considered Activity 9 (social support) might be eligible for additional points, potentially increasing their PIP entitlement.
Likely Affected Groups:
- Mental health support: Those who need regular meetings with mental health professionals to manage face-to-face interactions.
- Specific social support: Individuals requiring help from experienced friends, relatives, or professionals for social situations—not just casual assistance from any friend or family member.
Potential Adjustments:
- Some claimants who were previously denied the Daily Living component may now qualify.
- Claimants receiving the standard rate of the Daily Living component might be eligible for the enhanced rate.
How to Check Your Eligibility
If you believe you might be affected:
- Contact the DWP: Let them know your claim could fall under the MM judgment criteria.
- Provide Evidence: Share any supporting documentation, such as medical records or letters from professionals.
The DWP is also proactively inviting 284,000 claimants whose cases involve timing elements to get in touch if they believe their claims were affected.
What to Do If You Disagree
If the DWP reviews your claim and you disagree with their decision:
- Request a Mandatory Reconsideration (MR)
- This is a formal process where the DWP reviews your claim again.
- Submit your request within one month of receiving the decision letter.
- Appeal to a Tribunal
- If the MR outcome is unsatisfactory, you can lodge an appeal with His Majesty’s Courts and Tribunals Service (HMCTS).
For detailed guidance on challenging PIP decisions, visit the GOV.UK website.
FAQs
What is the MM judgment?
A Supreme Court decision redefining ‘social support’ in PIP assessments.
Who can qualify for PIP back pay?
Claimants affected by Activity 9 (social support) issues since April 2016.
How much back pay can I get?
The average back pay amount is £5,285.
How do I request a Mandatory Reconsideration?
Contact the DWP within one month of the decision letter.
What should I do if I think I’m affected?
Contact the DWP and provide supporting evidence.
