Benefits and Work has heard from a member who has received an additional £5,000 backdated working tax credit (WTC) as a result of a backdated award of PIP. Other members are continuing to report a trickle of backdated PIP payments, ranging from £3,000 to £11,000.
The payments are being made because of errors by the DWP. But many claimants are being told that they may be waiting a year for a decision, whilst some have been unable to get any response at all.
The payments are in relation to a case known as MM, in which it was decided that the DWP had got the law wrong when making decisions about the PIP activity ‘Engaging with other people face to face’.
The errors relate to the difference between ‘prompting’ and ‘social support’ and also about how much time can elapse between social support and a social activity.
You can read more here about the errors that were made and who might be eligible for a back payment.
Additional working tax credit
In our update article a fortnight ago, we told readers about Midnight who received a payment of £5,000 in backdated PIP.
Midnight has now posted again to say:
“Another update for anyone who is going through this ! After my back pay was received from DWP I called HMRC and advised that I have been back dated enhanced PIP and because I was working during that time period I should have been entitled to additional Working Tax Credit!
“I have just received an additional £5.5k from them meaning in total I've had a back payment of £10.5k.This has changed my life in a way I can't even articulate, I've been able to buy a car for my family, pay off debt and can afford to live day to day without any fear of running out of money, it's made a phenomenal difference to my whole families life . . .
“Thank you to this group and everyone in it, you'll never know how much you've helped flip my whole life around”
Midnight
More backdated PIP awards
Other members have also contacted us since our last update.
“I received a payment this evenning for £3,258.08 from pip ..if this help anyone out there ...I started receiving pip at a standard rate in 2016 /17...,I need promoting to help with everything ..my medication..food toilet...I was awarded 2 points back in 2016 ..I asked them to look again in 2018 Regarding my daily living ..was told no everything's alright ...then I found out regarding the change of law regarding to do stuff ..for yourself ..ie prompting....I did receive a telephone call from pip .., I hope this helps anybody out there on pip like me ...let me know if this helps”
David
“Just wanted to update u guys. Got a call this morning in response to the form I sent back a couple week ago and I got amazing news! £11,000 to be paid into my account in next 5 days!! Absolutely life changing! I hope anyone else who's going through this is successful. Thanks to the people who have posted on here you guys gave me hope. Here's to the future. X”
Harris
“I got a phone call on Monday to say I was due backdated money due to law change and am owed just short of £11,000. Have been given 2 extra points so now also to get enhanced rate. She said letter being sent and money would be paid within 2 weeks. Really shocked I hadn’t contacted them at all so came out the blue. Hoping money comes sooner than 2 weeks as really been struggling financially and this will let me get back on feet and pay overdue bills and fill my cupboards up. Shocked and relieved and very thankful. Backdated to 2016.”
Al
“I believe my autistic friend is one of those who received a backdated amount for “engaging with other people”. He only answers the phone to his mum and I, and I have to handle all his affairs as he can’t make calls and freezes during appointments. He has been on enhanced for both for his last two PIP renewals so I guess the payout is from earlier years. He received £4100.”
Sue
Long delays for some
However, other posters have warned that a long wait may be in store for anyone who thinks they may be entitled to a back payment.
“I rang today and they said the reviews are taking 49 weeks. They got my review form in September 2023 and I still ain’t heard anything back yet”
Jade
“I phoned them last week regarding this matter they said I am selected to be looked at but could take a year”
Samantha
Others have been waiting considerably longer than a year:
“I contacted dwp in sept 2021 to be told im in the list to be looked at. Still waiting now march 2024.”
Miss F
Miss F got a response form another reader who has received a payment:
“They will get to you eventually - I waited 3.5 years. They might say you are not affected as they did with me. If so, have them look at it again as I did. They then back dated what they owed me”
AA
And some readers have had no response whatsoever from the DWP:
“I contacted the DWP nurmous times about this issue, they have never got back to me, and I had sent it recorded delivery. This was signed for, so they have received my letters.”
Sidney
Benefits and Work resources
Benefits and Work members can download the following resources from the PIP guides page.
Engaging with other people review guide
A six page guide to who may be affected by the review and what to do if you think you are.
Sample letters
Sample letters for people who think they may be affected by the DWP's error in assessing people who have difficulties engaging with other people.
Video explainer
A 7 minute video explaining who may be affected by the review and what to do if you think you are.
Video transcript
A transcript of the video.
DWP Memo
A 5 page memo issued by the DWP on the subject of the changes to the law.
