The DWP is moving inexcusably slowly in considering the cases of PIP claimants who may be owed thousands of pounds  in back payments, its latest progress report reveals.  Although the DWP claim the review will be completed in 2025, at the present rate, some claimants may be left waiting a total of more  than 8 years for a decision on their case.

The review of cases relates to PIP activity 9. Engaging with other people face to face.

The DWP got the law wrong in relation to two descriptors:

b. Needs prompting to be able to engage with other people. 2 points.

c. Needs social support to be able to engage with other people. 4 points.

If the support a claimant needs consisted just of prompting, then the DWP argued it was only worth 2 points, regardless of who gave it.

However, in a case known as MM, the Supreme Court decided that where the prompting needs to be given by someone ‘trained or experienced in assisting people to engage in social situations’, then it may count as social support and score 4 points.

The DWP also believed that social support has to be given during the social activity or immediately before it.

But, in the same case, the Supreme Court held that social support does not have to take place during or immediately before a social engagement, it could take place weeks before or even after the event.

This means that many people who got zero points for this activity will now be eligible for four points.

The review of cases relates to decisions from 6 April 2016, when the case was decided, to 16 September 2020 when the DWP began following the correct rules.

The DWP say that they have identified 326,000 review cases relating to the 9(b) group.  These are primarily cases where the claimant scored 2 points for prompting when they may have been entitled to 4 points for social support.

However, the DWP admit that they are unable to identify claimants affected by the timing of support issue, who may have received support well in advance of a social engagement but scored no points because the DWP got the law wrong.  These claimants will need to contact the DWP themselves if they wish to be considered.

Reviews of cases started in September 2021.  The DWP say they have prioritised reviews for terminally ill and recently deceased claimants.

In the following two years, they have dealt with just 79,000 cases with almost a quarter of a million left to examine.

At present rates it will take the DWP over six years to complete its review of the outstanding 247,000 cases, although the department claims it will be completed in just another two years.

But there may also be thousands of cases that relate to timing or that the DWP have simply failed to identify.

More than one in five claimants who have been reviewed have received a back payment.

So far, around 14,000 payments have been made to claimants, totalling £74 million..

Overall, the average payment is around £5,285 per claimant.

We have covered this issue extensively in the past. 

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.

You can read the DWP’s progress report on the administrative exercise for MM.

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  • Thank you for your comment. Comments are moderated before being published.
    Sammy01 · 1 days ago
    Hi all, just spoke with PIP advisor, about my claim from 2017 about question 9, and social support, and she new nothing about it, couldn't say if I was going to contacted, asked if I wanted to do an MR!! NO WAY!!!
    Had to give her a lesson on the new ruling, and still none the wiser. They have a department dealing with this but I cannot speak with them. So who knows in the next few years maybe?
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    Brenda · 3 days ago
    Hi I got a letter from pip asking for my bank details , they said I was underpaid the social support money and that they’re going to pay it back. Does anyone know how long it takes to pay once they receive my details? They don’t have my details since I moved to ADP 
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    Shell-shocked!! · 7 days ago
    My partner received a missed call Tuesday, text received stating they will call back Wednesday morning. It sent him in a whirlwind thinking they were going to stop his entitlement. The lady called as previously stated, spoke about the situation in hand and advised he would be receiving a payment in the coming days for almost £12,000.. It has definitely come as a shock to say the least. I can confirm we hadn't made any contact with PIP (Dwp) in regards of this, they just contacted us. 
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    Midnight · 8 days ago
    Has anyone actually had a response to a letter they have written to DWP about this (as opposed to hearing from them out of the blue). I wrote to them at the end of October and since then absolutely nothing. I spoke to them and they said they received the letter but nothing at all since then. Just interested if anyone else has had any sort of response or if I'm just waiting on the never never here 
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      Midnight · 8 days ago
      @val Helpful as ever response from the DWP ! Thank you for confirming Val 
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      val · 8 days ago
      @Midnight i sent of a letter a month ago signed for heard nothing so i phoned them and they agreed they had it but no one had looked at it ? so i asked what now and he said someone will look at it and i said when he said i dont know??
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    Emma · 13 days ago
    Hi I’ve been I’ve just seen this report can someone advise me on what I need to do moving forward as I’ve been claiming pip since 2017 and on the section in question I’ve only been rewoard 2 points and according to this I should have received 4 if so I should have received the higher rate since my claim how do I challenge this? 
    Look forward to a response 
    Many thanks 
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      val · 10 days ago
      @Michelle im a member so im not sure if its only for members?
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      Michelle · 12 days ago
      @val Hi where is the template on the page thanks 
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      val · 13 days ago
      @Emma hi emma there is a template letter on here you can down load make sure you send it signed for i did still waiting a month on i wont hold my breath though but good luck 
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    Me · 21 days ago
    So in 2014 when I first claimed pip I was awarded enhanced both. Then 2016 I got a review and only got awarded standard for daily living then in 2020 I had a review and was awarded enhanced daily living and standard mobility no circumstances has changed at all from 2014 still to present! I rang about the mm judgment and they said I don’t qualify for it?? Yet can not engage with people! Has this happened to anyone else? So from 2016 and 2019 I got the enhanced daily living taken from me but then back in 2020?
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    Trish · 22 days ago
    My mum's now been moved over to the Scottish ADP . I believe that my mum should have received the 4 points instead of the two. 
    Will she still be on pips system though to see if she has been flagged to get this looked at. Has anyone been in the same situation. Who would I contact for her would it be pip? Thankyou
    • Thank you for your comment. Comments are moderated before being published.
      Brenda · 3 days ago
      @Trish Hi I don’t know if anyone else has replied to you but this is me. I am now on ADP but I’ve received my letter to say I’m getting back dated pip don’t know how much yet , but they will still give you the money even if you’ve been moved over. Hope that helps 
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    The Dog mother · 23 days ago
    After two won tribunals, who stated i needed support to engage with others,and then an MR more recently who would not agree  because then they'd have to admit that the tribunals were right, no back payment for me. Its an absolute farce.
    • Thank you for your comment. Comments are moderated before being published.
      Brenda · 2 days ago
      @Joanne Have you heard anything yet 
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      Joanne · 20 days ago
      @The Dog mother My husband has been moved to adp and we received a letter relating to the new law , it said due to my husband not being on a current pip our details may have change and they need our bank details to verify them , the letter said we could be owed money so we filled the form out and sent it back two weeks ago. 
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    Grant · 24 days ago
    I was stopped pip from 2015 to 2018 until i was finally awarded... I was born with my disability and I will forever be disabled.. I'm still waiting for my 3 years missed and I've been told they never received my letters and forms at the time 
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    Kel · 24 days ago
    Hi everyone I was in the same boat and now it’s all been finalised and arrears being payed but I also am in receipt of tax credits and missed out on the element all this time can I inform tax credits about this ? As the date was from 2016 a lot of years ago thanks for reading 
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    Jane · 26 days ago
    Got my letter today £5771.35 owed
    • Thank you for your comment. Comments are moderated before being published.
      Lee nurse · 15 days ago
      @Jane I past my tribunal on th 29th of January this year  iv got awarded full have on living alowce back dated from march last year  still waiting  but how long I don't know  haven't got a clue how much they pay me to  any help please

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      James · 23 days ago
      @Jane How long did this take as they said it can take up to 8 weeks to look at each claim. Thank you James
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      Me · 24 days ago
      @Jane Yes that happened to me from 2016 to 2019
    • Thank you for your comment. Comments are moderated before being published.
      Jane · 25 days ago
      @Me I was on enhanced care component and then after a review was lowered to standard. My last review I was given enhanced again, the letter said for 3 years I should have continued to get the enhanced rate so awarded me the back pay.
    • Thank you for your comment. Comments are moderated before being published.
      Jane · 25 days ago
      @Me Yes! Was shocked when I got it
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    mark · 1 months ago
    I have just contacted the dwp pip department and guess what they said to me, because I appealed in 2021 due to the appeal judge the dwp said they cant go above what they say, I appealed because of dentures dont laugh haha 

      she did say your case does not say about face to face and people prompting you to go there or do this and that, I do have all the court papers and the original claim forms, I dont know where to go from here really, anyone got any ideas because i am lost on this one
    • Thank you for your comment. Comments are moderated before being published.
      Peter J · 22 days ago
      @mark Hi. I'm lucky enough for a local charity disabled support agency called DIAL here in Worcester help me when they out me thru the mill for the past two years. The DWP cold contacted me today telling me my original pip claim two years ago wasn't properly done so they owe me thousands in arrears. You need specialist help advice and be prepared to travel it will probably be worth it to you. Good luck.P
    • Thank you for your comment. Comments are moderated before being published.
      Hettie · 25 days ago
      @mark Keep going Mark.  Truth and justice always win 🙌 
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    Jazz · 1 months ago
    I was awarded pip last year from may  with standard rate for both  component I with 10 points does that mean I get reviewed and.get enhanced rate  instead  cyz fir promting with other people in 2 points
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    Allan · 1 months ago
    My wife was awarded standard pip for inside and out last October by a tribunal pip asked the judge for his reasons for granting it on 22nd dec 2mths after the tribunal we still have had no pay ment except a £10 Xmas bonus where do we go from here HELP
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    Bev · 1 months ago
    I am writing on behalf my Partner .I am also his carrer .he got zero ponits for Question number 9 mixing with other people.The thing is that I am with him no mater where he goes and when he has appointments I do 90% of the talking as he gets flustered .Do you think he was entitled to these 2 extra points.
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    Emma · 1 months ago
    I gave a call. And was told I am on the list wait for a letter of call
    • Thank you for your comment. Comments are moderated before being published.
      Cluedup · 1 months ago
      @Emma Emma- don’t worry, once you receive your letter it’s a very fast process from there. You will be contacted via telephone and asked a number of questions that relate to the questions you are sent out in the letter which are just like the ones on your pip form. Once they have discussed this with you they will tell you over the phone if it’s successful. Process from receiving the letter and a decision is under 2 weeks. Payment will fall when you normally receive your PIP. Hope this helps
    • Thank you for your comment. Comments are moderated before being published.
      Lou · 1 months ago
      @Emma Me too 
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      Leeanne Mccreadie · 1 months ago
      @Emma What did u say when you phoned please?
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    Marius · 1 months ago
    So in another words people with 10,11 points awarded already in this case if they get 2 extra points backdated they might get extra money for ful PIP not only dailly rate since the day they were awrded..did i got it right?
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    Kay · 1 months ago
    So after reading this in interest I wonder if anyone would clarify things for me,  do I have to write to them and if so what am I asking exactly or is it better to phone them and again what should I ask them? Or are they going through everyone regardless and its just a case of waiting? Not sure what to do for the best, would be grateful of some advice. Also how long is all this taking? Do they do it alphabetically? Thanks! 
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    Wayne · 1 months ago
    Where is the sample letter please
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    Andrew · 1 months ago
    Hi. 
    I was reviewed for pip. I was initially getting the enhanced for getting around and the standard for care. Following review card was also given the enhanced award.    Dwp wrote and notified me that this would be backdated as I should have been reviewed 2 yrs ago, they kept putting it off.   Anyone know how long it takes for the arrears payment to come through? 
    My normal monthly payment has already been increased. It’s just my arrears payment 
    • Thank you for your comment. Comments are moderated before being published.
      Shaz · 6 days ago
      @Jane How long did you wait after sending the letter back, my daughter did this yesterday 
    • Thank you for your comment. Comments are moderated before being published.
      Jane · 25 days ago
      @Andrew I got my letter today with details of payment
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