A Department for Work and Pensions (DWP) review of some Personal Independence Payment (PIP) claims is now underway after an Upper Tribunal ruling was made earlier this year.
Following the ruling, as of August 21, 2020, there has been a change in how the DWP considers whether someone can wash or bathe safely, as part of the PIP assessment. Some claimants may be owed backdated payments of up to £5,000.
If a deaf or hearing impaired claimant is not able to hear a standard fire alarm while washing or bathing, although the risk from a fire is low, the DWP will now consider whether a visual alarm - such as an aid or appliance - is needed, or supervision if a visual alarm would not be appropriate, in order to wash or bathe safely.
READ MORE: DWP plans more benefit investigations and this is the evidence they would look at
New guidance on GOV.UK confirms that the DWP is reviewing claims made on or after August 21, 2020 including those where PIP was not awarded. It is important to note that backdated payments will only affect existing claimants already receiving the Daily Living component part of a PIP award and not the mobility component.
At the moment, it is unclear how many claims are being reviewed by the DWP.
The DWP recently told the Daily Record : “We are now looking at PIP claims from deaf or hearing impaired people who may be affected by this change. This includes reviewing some claims we decided on or after 21 August 2020, including ones where we did not award PIP.
“We are not planning to ask you to provide any further evidence or invite you for an assessment as part of this review. We will be looking at information we already have about your hearing impairment from your PIP claim.”
The DWP will not look again at your claim if:
- You were awarded the enhanced rate of the daily living part of PIP continuously since August 21, 2020
- A Tribunal has made a decision on your claim since August 21, 2020
- It decided not to award you PIP before August 21, 2020
What happens next?
The DWP explained: “If we review your claim, we will write to you and you do not need to contact us. It may take some time for you to get this letter. If we decide that you should get more PIP, then your award will usually be backdated to 21 August 2020. If you claimed PIP after 21 August 2020, it will usually be backdated to the date you started getting PIP.”
The DWP also said that you should consider applying for PIP again if you think you may now be eligible. The change to PIP law will apply to all new claims and has been applied to all PIP decisions since May 17, 2021.
How much could you be owed?
Existing PIP claimants who may benefit from a review can only move from a nil award to a standard award or standard award to an enhanced ward as part of this exercise. Using the Benefits and Work PIP Payment Calculator and applying the date range of August 21, 2021 to April 5, 2022 - when the review was announced, the amounts could be worth:
- From no Daily Living award to standard award rate - backdated payments of up to £5,064
- From standard Daily Living award to enhanced award rate - backdated payments of up to £2,498
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