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.
    Richard · 1 months ago
    I was on DLA and got high rate of both for life , was changed to pip in 2018 was awarded enhanced rate mobility and standard rate care for 2 years , had the review in 2020 and after reading the assessment I went from a male to a female in two sentences, slight error on there part ,I was awarded the same ,but appealed and it was changed to enhanced rate of both with no end date ,which I know is 10 years , but I lost 2 years of of care because of there error
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    Lee butler · 1 months ago
    When I applied for pip I got zero points two or three times I then spoke to aledy on the phone who gave me basic pip. Since then I am afraid to contact the dwp about anything new that is happening due to my illness as they might stop it again and I have to go through tribunials and fight for things I'm entitled to
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    Wayne · 2 months ago
    I got a call today from a lovely lady called Evelyn, telling me I had been underpaid since  April 2016, and that I was due a substantial some of money. I asked how much and she said £6,800 will be in my account as she found in my favour in this case. I’m so thankful for this blessing.
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      Andy · 1 months ago
      @Wayne I got the same phone call saying I was entitled to enhanced rate from 3016 to 2020 but I only got £3868. Lol appeal going in 
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    Limp lungs · 2 months ago
    I received a letter from pip about social support yesterday so what happens next
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    Gazday82 · 2 months ago
    Can someone help me I've been on pip fir 10 plusses years I get high motorbility rate and middle care will I be owed any thing 
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    lj · 2 months ago
    so-i had pip face/to/face -cos transition from DLA. Pip-resulted in no. Appeal was a huge massive long drawn out nightmare. Recorded/signed for paperwork\supporting evidence went awol. set back for ages. As with others not only income re dla\pip stopped. it had a massive effect on esa/ disability elements etc.  (deficit). My "advisor"sugested i reapply. runnin concurrent to appeals.I did. despite something like 18mths(i think)of non secured benefit-the fresh appeal(EXACT SAME continuing\never stopped)symptoms,effects etc led to full award high rate... therefore approx 18mths of penalised\denied ...massive loss of income. ..i wont be alone with that. cant turn back the clock..facts dont change. i was anythin but "better"or "cured"in interim(while they adapted legislation". so..should i can i will  i n do i ask for what-a review?who do i ask?

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    Raincload · 2 months ago
    Hi has enybody been back dated from 2018 ? Just wondering I'm flagged up to have mine looked at but because I'm under renewal my case cannot be looked at 
    Enybody in the same situation? 
    I called last week has my renewal was sent back early August and was told it was with a case manager but I haven't had an assessment or nothing at all no call letters text could this be done paper based ? I'm so confused might have to be another call next week to understand what is going on 
    Thanks 😊 
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    Midnight · 2 months ago
    Has anyone written to them about this and gotten a response yet ? I sent a letter 28 days ago (signed for) and they haven't even acknowledged it. I know DWP are famous for their painfully slow response to anything, but I was hoping for at least an acknowledgement! My anxiety makes it hard to call to discuss with anyone so I was hoping to keep it in writing ! 
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    Claire · 2 months ago
    I can not find the sample letter 
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    sue · 2 months ago
    Where can I get sample letter as there's no link on this page
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    Gail · 3 months ago
    Where is the sample letter please 
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    Les · 3 months ago
    I have just been transferred to the Scottish system-where does that leave me?
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    Kay · 3 months ago
    I don't really understand this if I'm honest but back in 2020 I was awarded lower amounts for both elements,  I remember filling in this section and explaining that I have to have someone go with me on journeys etc as I panic and get confused ,my mobility is bad and on top I am on morphine which makes me sleepy and forgetful etc, these weren't my exact words but this was the gist of it among other things,  they dismissed it completely and I was also on antidepressants at the time,  saying I didn't need help. I remember thinking, how do you know!! My condition is much worse now but its put me off re applying. Do you think I would be considered now for back dating? TIA.
    • Thank you for your comment. Comments are moderated before being published.
      Raymond muir · 2 months ago
      @Kay Hi my name is Raymond muir I say reapply I was on full dla both components for more than 10yrs until they did the clipping of claims I scored no points went to tribunal and they hid my supporting evidence under the atos examiner's to blame they said I asked him to tick don't want them to see my supporting medical evidence from dla claim. Why would I do this when I was bad enough for a home visit. First judge saw this and was not happy but they made sure that another judge was there next time got middle care appealled again got high mobility and middle care so just be careful have someone else to help as you can now good luck 🤞 
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      Kay · 2 months ago
      @Giovanni Nasillo Thanks,  nothing to lose I guess
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      Giovanni Nasillo · 3 months ago
      @Kay Go for it! I believe that you are
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    Rhia · 3 months ago
    I just had a phone call a few days ago had just under 5k I was in shock 
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    scot · 3 months ago
    just been awarded under 8k back due to this today it was money we should have been getting all those years but its welcome that's being fixed
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      Limp lungs · 2 months ago
      @scot Hi Scott did you get a letter first as I've getting one and how long did you wait before they contacted you 
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      Midnight · 3 months ago
      @scot Thank you Scot that's really helpful to know. I sent them a letter about 2 weeks ago now asking them to look into it for me, as their media release suggested that if people thought they were eligible they should get in touch, but I haven't heard anything. I guess just like all things DWP, I shall just have to wait.

      Glad it was a relatively painless experience for you and the person you spoke to was helpful, that definitely helps ☺️
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      scot · 3 months ago
      @Midnight they contacted me the lady i dealt with was phenomenal she was very clear that each case is being reviewed, not everyone will have been entitled and its being decided by caseworkers maybe explains the length of time. Even though I was due it then I'm grateful to be getting it now! My interaction with them on the phone was purely a formality about making sure banking details were correct they had already decided on review that I should have got it then. They will seek those who should of got it at the time out is the impression she gave. if they have given themselves to 2025 then its probably a waiting game for them to work through them.
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      Midnight · 3 months ago
      @scot Scot, well done that's wonderful news. Do you mind if I ask, did you get in contact with them to start the process, or did they just get in contact with you ? Thank you 
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      Kaylee · 3 months ago
      @scot Did you get a letter or a phone call? 
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    Mom of 4 · 3 months ago
    I called regarding this the first person I spoken to didn't have a clue what I was onabout so transferred me to someone else and they did told me Mt claim was flagged to be looked at but while I'm still in the process over renewal they carnt do much and just sit tight till I have a decision 
    My question is I was awarded 11 point and it was 2 points on the question that I should of been given 4 so hopefully they will see this and put down hrc but doesn't this question rope into the mobility side ? I'm not 100% has enybody found this out 
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    Barb · 3 months ago
    I have approached DWP re this ( 2 weeks ago) and was politely told they had no idea what I was talking about..
    • Thank you for your comment. Comments are moderated before being published.
      Midnight · 3 months ago
      @Jules Oh yes, I definitely send it recorded delivery, that way they can't "pretend" they didn't get it ! It so sad we have to do that, but needs must ! 
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      Jules · 3 months ago
      @Midnight I always send any letters recorded delivery to ensure they reach DWP and they can’t say they’ve not got it 
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      Midnight · 3 months ago
      @Barb I was going to call them but for this very reason I decided to write to them instead to ask them to investigate. Hopefully a bit of a higher chance of it falling into the hands of someone with the remotest of clues what they are doing if it's in letter form ! 
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    Trish · 3 months ago
    How do I check whether I’m on the right rate or if I am owed a back dated payment? 
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      MrFibro · 3 months ago
      @Trish Trish,

      You don't, they simply just tell you.  They have looked at your form etc and decided they owe you nowt.
  • Thank you for your comment. Comments are moderated before being published.
    Sassy · 3 months ago
    I do not have a copy of my pip renewal form for that year, but my award letter shows I was awarded 2 points within the correct time frame. Overall I scored 11 point, so if dwp were to reconsider activity 9 for me I would be shifted into enhanced. Should I call dwp for a copy of my form before writing in for a reconsideration please?
  • Thank you for your comment. Comments are moderated before being published.
    roper · 3 months ago
    for years now they have always scored me 0 points for section 9 b and c even though for years i saw a councilor for support stimulation i now rely on my partner to help me socially do i qualify under this new ruling is it even worth trying any help would be grateful 
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