Changes to PIP Law affecting enhanced mobility

An Administrative Exercise (AE) is the process for looking at cases to see if claimants may be impacted by the Upper Tribunal (UT) decisions. These decisions change the interpretation of PIP case law and the way we assess PIP claims.
An Upper Tribunal is responsible for dealing with appeals against decisions made by certain lower tribunals and organisations.
In Personal Independence Payment (PIP) assessments, the Department for Communities (DfC) considers your ability to move around.

Change to PIP law

The change in law relates to claimants over State Pension age and their entitlement to the enhanced mobility award.

This change in law follows a Tribunal ruling on 22 May 2020 which identified an unintentional gap in Regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.

DfC did not have the legal powers to restrict the mobility award for claimants who were in receipt of the standard rate of the mobility award and over State Pension age, on the grounds of new medical evidence. New medical evidence is a report from a health professional requested by DfC which recommended the enhanced rate of the mobility award.

DfC were only able to restrict the mobility award for claimants if a relevant change in circumstances was identified after they reached State Pension age.

Changes to PIP regulations took effect from 30 November 2020 to correct this unintentional gap.

Claimants may be entitled to an increased payment for mobility if the following apply:

  • You were over State Pension age and
  • You were in receipt of standard rate mobility before the review and
  • You had your PIP claim reviewed between 08 April 2013 and 29 November 2020 and
  • You did not report a change in your circumstances that affected your mobility and
  • You attended an assessment; this may have been face to face or on the telephone and
  • The Assessment Provider report recommended an enhanced award for mobility and
  • The Case Manager/Assessment Provider was unable to identify a change in their circumstances that affected their mobility and
  • The decision made was to restrict the award to the standard rate for mobility

What this means for you or the person who has claimed PIP

If you think you / or the person who has claimed PIP are affected, you can find out about the eligibility criteria and how to apply for a revision of your mobility award by contacting the PIP centre.

Contact the PIP Centre

This may also apply to claimants who have died. If you are the person dealing with the estate and think they may have been affected you can contact DfC.

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