The DWP have started yet another review to look for claimants who may have been underpaid PIP because the department got the law wrong.  This time it is deaf and hearing impaired claimants who may be entitled to more points, if they are unable to hear a fire alarm when bathing or showering.

In upper tribunal case [2020] UKUT 252 (AAC)  the claimants needed to remove their hearing aids to shower or bathe. As a result they would be unable to hear a fire alarm or smoke detector and so could not carry out the activity safely.  Leaving the door open would not allow them privacy and so would not be carrying out the activity to an acceptable standard.

The judge found that the claimants would be able to use a visual alarm to bathe safely and thus should score points for needing an aid or appliance.  If they had not been able to use a visual alarm they would have scored points for needing supervision.

In both cases, this meant that the claimants got an additional two points added to the six they had already received for daily living and were thus awarded the standard rate.

The DWP are now conducting an exercise to identify claimants who may have missed out on an award because the department was applying the law wrongly.  They are reviewing claims made on or after 21 August 2020 and up to 17 May 2021, when they say they began applying the law correctly.

If you do get an award as a result, it will be backdated to 21 August 2020 or to the date you started getting PIP if it was after this.

However, the department says it will not look again at you claim if:

we awarded you the enhanced rate of the daily living part of PIP continuously since 21 August 2020

a Tribunal has made a decision on your claim since 21 August 2020

we decided not to award you PIP before 21 August 2020

The DWP also say that “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.”

However, if you think that this decision applies to you and that it would make a difference to your award, you may wish to contact the DWP and inform them, as previous similar reviews have resulted in people who should have been eligible never being contacted.

You can read more details on the gov.uk website

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  • Thank you for your comment. Comments are moderated before being published.
    Billy1959 · 1 months ago
    I have difficulty hearing in my right ear due to Covid and have been to the NHS Audiologist who have issued me with a hearing aid. I also have other medical conditions that mean I qualify for PIP. The problem I have is that I was not awarded any points for my hearing aid 
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    claire · 1 months ago
    if the new law has just come in for a new ruling why are deaf people still trying to fight for pip 
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    claire · 1 months ago
    its april 2024 and ive just been refused any pip for bilateral sensineural hearing loss.. i need twl hearing aids everyday and im a fill time carer to my autistic son i cannot hear him without the aids!! nor can i bathe until my husband js home i have to remove them for a shower system is disgusting against the deaf 
  • Thank you for your comment. Comments are moderated before being published.
    Candy · 3 months ago
    I deaf and working pip refuse me and they don't believe me  really disgust me they don't check properly and read it properly l take them further action 
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    Diane King · 7 months ago
    I’m 64 and a carer for my 33 year old disabled daughter who lives with me and relies on me for everything as she can only feed herself, I have hearing aids in both ears , if I take them out I can’t hear at all, I got refuses PIP, last year , the questions on the form are more about cooking bathing and so on , May be I filled in wrong,,not good with forms
  • Thank you for your comment. Comments are moderated before being published.
    Graham · 1 years ago
    Do you get two points for each appliance you use to shower or two for both?
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    John · 2 years ago
    All deaf peoples who born severe bilateral deafness should get both higher rate pip END OF
  • Thank you for your comment. Comments are moderated before being published.
    John · 2 years ago
    why is so unfair for any awards before 21-08-2020 will get nothing! Stupid ruling.
    • Thank you for your comment. Comments are moderated before being published.
      JoJo · 10 months ago
      @John Just spoken to DWP and if the extra 2 points pushes you to Standard or Enhanced rate, they will still contact you, even if your claim is from years ago. It will be backdated only to August though, when the ruling was made. They have been using a programme to flag claims from years ago that requested points for needing support while bathing. If you didn’t ask for assistance while bathing on your claim form, you will not be awarded the points.
  • Thank you for your comment. Comments are moderated before being published.
    Ian · 2 years ago
    Hi, so if I understand this correctly, any award before 21/08/2020 is not going to be reviewed? I did not get any points on the care component, only mobility.
    • Thank you for your comment. Comments are moderated before being published.
      JoJo · 10 months ago
      @Ian You will get another 2 points if you stated on your claim form that you needed help while bathing. If you were already awarded 6 points for care, this will push you to 8, which should give you the Standard rate.
  • Thank you for your comment. Comments are moderated before being published.
    Malcolm · 2 years ago
    I am a 67 year old carer (with CHD, spine tumour and osteoathritis) for a friend who is completely deaf and has to wear a cochlear implant. I have to sit outside the shower room whilst he is showering so I can help him if he should slip or fall. I am now an unpaid carer as his PIP was reduced. He is also partially sighted in one eye.
  • Thank you for your comment. Comments are moderated before being published.
    Andy Coyne · 2 years ago
    What about pre 2020 claims. I attended a tribunal before this-and was only awarded 2 points for wearing hearing aids?
  • Thank you for your comment. Comments are moderated before being published.
    P Gratton · 2 years ago
    I am severe to profoundly deaf and have had to appeal at every application, only ever being awarded standard rate. What I don’t understand is “I need an aid or appliance to be able to hear” but I DO NOT need help “ to engage with other people unaided!!”

    Does this also mean people on the standard award who received 2points 
    for “ needs supervision to wash & bathe” will receive more points for this activity?
    • Thank you for your comment. Comments are moderated before being published.
      JoJo · 10 months ago
      @P Gratton It sounds like you will have the 8 points for Standard rate. The extra 2 points will not make a difference, as you need 12 for the Enhanced rate.
  • Thank you for your comment. Comments are moderated before being published.
    Elizabeth · 2 years ago
    I wear hearing aids abs I am on standard rate for both mobility and daily living 
    • Thank you for your comment. Comments are moderated before being published.
      Miss gb · 8 months ago
      @JoJo Hi.. i had my award today of 4 points?? Refused !!!im severe hearing in both ears 80+ % ... what hsve i done wrong ? 
    • Thank you for your comment. Comments are moderated before being published.
      Toby 2007 · 10 months ago
      @JoJo Hi am severely profoundly deaf in both ears I have a telephone assessment soon but I can't hear on the phone so my partner is helping me just hope I get awarded 
    • Thank you for your comment. Comments are moderated before being published.
      JoJo · 10 months ago
      @Mr gg If you don’t get PIP at all, then you need to claim. My husband is profoundly in both ears and gets 10 points, so he gets the Standard rate.
    • Thank you for your comment. Comments are moderated before being published.
      Mr gg · 1 years ago
      @Elizabeth Am profoundly deaf in both ears and it affects my daily living will I get this

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