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.
    · 8 months ago
    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. 
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      · 8 months ago
      @AL Did you receive one payment into your bank ..like £11, 000... I received a payment this evenning Tuesday  for £3, 258.08....I was in shock  I started crying then 😭 😢  more crying  I took more meds couldnt beleave it 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @AL How long have you been on pip

  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    My pip was stopped for 5years I claimed again and won my case but I don't understand why it stopped when I still have epilepsy and my health is worse 
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    · 8 months ago
    I believe I'm affected but haven't heard anything. Plus I've been going through an appeal since Feb 2022
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    I haven’t heard anything from pip yet lol
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    I have received my 1st payment of pip but my claim start back in july 2023 when would i get the back dated payment?
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    Just wanted to give an update and a timeline for anyone who's going through this at the moment.

    I originally sent a letter to DWP at the end of October, because I had a review in for my current claim they said they couldn't look at the previous one until that had been finalised.

    My current claim was finalised on beginning of December, and then they text me to say they would look at my previous claim by the 11th February.

    11th of February came and went and no decision so I called them a couple of times and was just advised to wait and they would get to me as soon as they could, because they were incredibly busy.

    Had a call on Tuesday this week (5th) from a decision maker, she ran through a few questions with me, like how I prepared if I am going to go out and who I use as my support when I do that etc. She told me there and then that she was going to back date my claim to 2016 and increase it from standard to enhanced. I have just had just under £5K paid into my account today.

    I couldn't be happier, obviously the money is an amazing bonus, but to be believed that I should have been entitled to it all along is what really makes me happy.

    As a side note, anyone who was working whilst claiming PIP during this period and also claiming working tax credit would have been entitled to a disability premium as part of their tax credit claim, as we are getting back dated amounts of PIP it is definitely worth contacting them and asking them if they will back date the disability element on your working tax credit as well. 👍😍
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months ago
      @Midnight Hi just wanted to ask if I need to contact them about this or they will contact me if I'm owed anything. I've recently done a review on my pip at end of last year took them about 10 months to do and this time around was awarded the higher rate for daily living. Does this mean I would be owed anything as I've always needed help with those things. 
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      · 7 months ago
      @Midnight Thanks for the advice about tax credits i never thought of other benefits it can effect .im just waiting for a renewal and then their going to look at my claim with regards to the mm judgement.so pleased for you and wishing everyone else waiting fingers crossed.
    • Thank you for your comment. Comments are moderated before being published.
      · 7 months ago
      @Midnight So I gave a call today midnight and they said because I have been under review from September last year the will make a decision about my letter I wrote in with the review? Fingers crossed all goes well they said it’s 49 weeks for a decision on a review so still a long wait to go 
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      · 8 months ago
      @Jade If you feel up to it I would give them a call and give them a little nudge, although I know all too well how miserable it is sitting in their queuing system waiting to be answered 😊
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @Midnight So happy for you midnight you finally got sorted. I still haven’t heard anything at all not even txts to say they are looking etc I posted my letter beginning of November so hopefully hear something soon
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    I got sent a letter answered the questions what happens next please 
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    · 8 months ago
    Please can you tell me where to email , so I can check , my PIP/DWP to see if I can claim any back dated payments.As its not Deaf aware  phoning. 
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    · 8 months ago
    Got a phone call I’ve been awarded almost 10,000. This is from 2017 to 2023. I was moved over to ADP last year. My payment has gone up to enhanced also from standard. 
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      · 7 months ago
      @Brenda Did you have to ring them an ask if you were owed backdated or did they just do it off there own back?
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      · 8 months ago
      @Brenda I moved over to ADP last year. Not sure if they will look at my claim now.

      With my PIP I was originally on just standard daily living, but when I had a review that was changed to enhanced daily living and standard mobility which is what I should have originally been on for mental health and autism. 

      So in theory I should have originally scored those extra points for social situations but I doubt they will change mine. When they looked at the mobility bit when there was a law around prompting and following routes ect they said I still didn't qualify when I should have.

      I was meant to get the Christmas Bonus at Christmas but never did. I tried phoning DWP to sort it but went around in circles.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @Amanda Hi yeah it went in after 6 days was so happy .. I noticed my ADP payment has gone in and hasn’t moved up to enhanced rate as of yet tho. Call going in tomorrow lol
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @Brenda That’s great it sounds like you’re in the same situation as me how long did the money take from when they said 5/7 days? To go in your bank? 
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      · 8 months ago
      @Micky I didn’t receive any texts only one letter asking for bank details it said you may be owed money. Sent them the details. Within one week I received a call from an 0800 number telling me almost 10,000 would be in my bank within 5/7 days. Got it yesterday. Absolutely over the moon and so grateful 🙏
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months ago
    will they go back as far as 2017 to 2021 never received anything from them

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    · 8 months 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?
  • Thank you for your comment. Comments are moderated before being published.
    · 8 months 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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      · 8 months ago
      @Brenda Hi I’ve received something similar .. I wonder how long the wait time is between receiving the bank details letter and actually receiving the payment due. Could be months who knows? But it’s a bonus either way I suppose 
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      · 8 months ago
      @Joanne Hi I didn’t get asked any other questions I only got asked for my bank details so I’m guessing they’ve already made a decision on my case ? Good luck with yours 
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      · 8 months ago
      @Brenda My husband received the same letter asking for bank details to update them as he has been moved to adp and we could be owed some money , the other questions were have you been in hospitalised or incarcerated during the last few years , we received the letter about 3 weeks ago .
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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. 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 months ago
      @val Helpful as ever response from the DWP ! Thank you for confirming Val 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 months 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??
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @val Is this template foe claiming back pay 

      Sue 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 months ago
      @Michelle im a member so im not sure if its only for members?
    • Thank you for your comment. Comments are moderated before being published.
      · 9 months ago
      @val Hi where is the template on the page thanks 
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      · 9 months 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 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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?
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months ago
      @Me It has happened to me. I have received enhanced for both since 2017, my health has got worse and yet after a telephone consultation I scored 0 for everything. I am in the process of appealing. I will say the report is full of what can only be described as lies! For example they say i go out daily, mix with the community and friends daily which is absolute rubbish, I have severe acrophobia and only go out with my husbands support to see my consultant. 
      All of this has left me severely depressed, with no faith in the system!
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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.
      · 8 months ago
      @Trish I am in the same situation. Have moved over to ADP.

      I don't know if they will look at my claim. I was originally on standard daily living but at review it went to enhanced daily living and standard mobility due to the social skills question and the following a route question. 

      I should have originally been on enhanced daily living and standard mobility but when there was a different ruling about the following journey bit they said I still didn't qualify for the mobility bit so that is why they didn't give me mobility component first time round.

      I have autism and mental health difficulties so nothing has changed.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 months 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 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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.
      · 8 months ago
      @Joanne Have you heard anything yet 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 months 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. 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 months 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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