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31.05.2024 - 08:45 / dailyrecord.co.uk
The Department for Work and Pensions (DWP) recently announced that certain groups of older people on Personal Independence Payment (PIP) with an award for the lower rate of the mobility component may be due the enhanced rate, 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.
However, a new update has been published on the dedicated page on GOV.UK, clarifying the eligibility for those considering asking the DWP to look again at their claim. The update makes it clear that “the health professional assessment must have recommended the enhanced rate of the mobility award”.
The initial eligibility criteria published on May 22 stated that claimants just needed to have had a health assessment. It’s important to be aware that the change in law only relates to claimants over State Pension age and their entitlement to the enhanced mobility award.
The DWP guidance explains that 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.
The guidance states: “DWP 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 DWP which recommended the enhanced rate of the mobility award.
“DWP were only able to restrict the mobility award for claimants if a relevant change in
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