Mobility award reduced after award review

Hi Diane59,
Normally you would not be able to appeal an award after 13 months.
However, given that you were unaware that the award had been revised it may still be possible to do this.
I have checked the award amounts for 2020, and there would appear to be about £11 difference (less) in the revised award than the previous award. My first concern is whether you should perhaps have noticed that albeit small, there was a difference in the new amount?
Is is possible that you may have received a decision letter and not realised the difference? Award amounts are usually confirmed in the annual uprating letters that get sent out around Feb/Mar each year. These letters would confirm the awarded rates and the new amount for the rate/s.
My worry is that if you try and appeal DWP may well argue you ought to have known the amounts were different.
That said, I am aware that prices etc are steadily increasing and £11 per week over a year is well over £500, and clearly worth having if you can get this!
There are 2 main issues here
1. If you were not aware of the review and one was made then this is potentially a breach of Article 6 ECHR - this is the 'right to a fair trial' but it includes having access to justice and being able to appeal when required. The lack of notification would effectively remove your right of appeal.
2. The flip side is that if DWP think you should have been aware (even if you didn't get the proper decision notice) you should probably have known before now and could have put in an appeal much earlier. (And within the 13 month limit.)
I am wondering if the review that took place was part of the so-called LEAP review. Basically DWP failed to apply the correct law in 2 areas - in respect to planning journeys etc and 'safety'. This was a systematic failure hence the review which was designed to seek out claims where DWP had incorrectly made awards due to this failure to apply the law. It may have been an automatic review. Nevertheless, your award was changed and you should have been given firstly a say in the review process and of course a right to appeal subsequently.
I guess there is a possibility that if you complain about this, your whole award might be reopened, or there will be a further review and forms and assessment etc. There might be a risk to your current award. However I doubt that DWP could retrospectively remove your award AND claim you were overpaid and must repay. (Yes, they might cancel the award, but there would be a very strong argument that the subsequent overpayment is caused purely by official error and need not be repaid.)
If you wish to challenge the revised decision, my suggestion is to write to DWP headed as 'Complaint/ Mandatory Reconsideration' but send this to the address on the top of the letter you have now received.
Stick to the facts, keep it brief, include any dates if you now know them.
eg
I wish to complain about the decision made on [date] as follows:
- I was not notified that a review was due to take place
- I was not made aware why the review was required
- I was not able to submit any information for this review
- I was not sent a copy of the review decision notice
- My PIP award was revised and I received less money than
previously
- I was given no explanation why the revision had been made, and
the factual basis for it
- I was not given the opportunity to appeal this decision

This is a fundamental breach of my rights under Article 6 ECHR.
I therefore ask that this letter of complaint is also treated as a request for Mandatory Reconsideration. I request that my benefit award is re-instated to the previous award, and I am repaid the underpaid benefit which has occurred due to your actions resulting in the breach of my rights in respect of Article 6.

You can obviously tweak what I have suggested if necessary. Presumably the copy of the letter about the revised decision was sent less than a month ago? (Basically you would treat this as the decision notice and hence time limits run from from the date as on that copy letter.)

I hope this helps.
Please let us know how you get on.

LL26

Hi Diane59

I am not sure there is much you can do as it was over 13 months ago, which is the absolute time limit.

If your mobility is poor then you could apply for a change of circs, if you believe you will be entitled to the enhanced mobility but then, you may loose the enhanced daily living component, it is a gamble.

Depending on your circumstances when you are awarded enhanced daily living of PIP you may get an aditional premium if you claim IR ESA called EDP.

Gary