pip benefit, dwp high court loss ,change for people with mental health,back payment for people?

mrpip2002uk

hi,my wife put in for pip for her mental health and was refused,but after the dwp highcourt loss which meant people with mental health could claim pip,she put in for it again and was awarded  high rate pip for both parts?
it was said that anyone who was refused pip for mental health problems before the dwp high court loss would have their previous claims reviewed again,and could possibly have their claims back payments?
but its 2021 now and my wife hasnt heard anything from the dwp about reviews or backpayments,since 2018 i have written to the dwp about this 3 times but havent even had a reply from the dwp.
can anyone help with the exact rules on these pip repayments and pip reviews,and what i can do to look into it for my wife?
kind regard  john

janer1967

Hi and welcome 

I'm not very knowledgeable on this but will tag in members who can help 

@Adrian_Scope @chiarieds can you help with this 

chiarieds

Hi @mrpip2002uk - If you are referring to the judgement made about 'Engaging with other people face to face' activity, this applies to decisions made from 6 April 2016 to 16 September 2020. However the DWP will only be contacting those in whom potentially gaining an extra 2 points for this activity would mean they could have been awarded the standard rate of the daily living component, or should have been awarded the enhanced rate instead of the standard rate. So, only where gaining these points could have made a difference. It will therefore depend on how many points, if any, your wife was awarded, & when.

There's some info about this here:

http://www.benefitsandwork.co.uk/images/image/samples/PIP_engage_changes.pdf

If you are referring to other judgements about a claimant having 'overwhelming psychological distress' &/being able to do an activity 'safely,' (from 28 November 2016 & from 9 March 2017 respectively) there's some info on both here:

https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

https://www.gov.uk/government/publications/personal-independence-payment-changes/safety-and-supervision-changes-to-pip-law-from-9-march-2017

For all of the above the DWP should contact you if they feel you should have had an award.

I hope some of the above helps.

janer1967

Thanks @chiarieds I knew you would have some good advice 

chiarieds

Thank you for the tag @janer1967

mrpip2002uk

Hi,
Thanks chlarleds and janer1967 for your replys.
When my wife first put in for pip in 2016 she had a phonecall about 2 months later from the dwp to tell her the result of her claim, it was the person that dealt with the claim,i dont know why but at the time they rang her direct with the result,maybe it was because at that time there was a lot of discrimination going on by the dwp towards people with mental health not being awarded high rate pip for getting around,thats why it went to the high court.
Anyway she received the phonecall with her claim result,because i was her representive  i spoke on the phone and was told,it's good news she's been awarded the top rate of the pip care component,i said, good and what about the mobility
part,she replied no,i asked why,she replied with either,she has to have stayed in the house for 2 years to get that,or something along those lines, something just made up,so at that i just left it,but later i just thought somethings strange going on here.
When we had a letter come from the dwp stating that the back payment from when the claim started would be in the bank soon.
But we never received in writing the  letter stating the points decission etc,or the section that stated we could appeal the mobility decission or get a reconsideration,we did'nt know these things at the time it was new to us,especially being a mental health claim,so basically we did'nt put in an appeal.
I think at the time there were kind of illegal things going on to try to stop people with mental health claiming the motobilty part of pip,i strongly feel my wife was tricked out of getting it at that time,hence the high court case and all the back payments a few years later,and my wife getting a phone call rather than getting it in black and white paper form?my wife has'nt been informed about her  2016 mobility claim refusal being looked into again yet, and its been 3 years now?
Doe's anyone know if it would be to late now to complain somewhere about wether the dwp rules were followed or breached at the time.
After the mental health high court loss by the dwp,my wife reaplied for the mobility and got got the high rate.
If anyones had the patience to read this,is it worth complaining to the dwp?
john

janer1967

Hi john 

I suggest you get some more expert advice from welfare rights it's a bit complex for us here to answer without seeing everything 

Also as you have already been to court I'm not sure what else you can do but again we are not legal or benefit experts just disabled people who have had their own experience and researched the topics 

mrpip2002uk

No problem,thanks for your time,i'll try welfare rights.
john