Question about something in the news regarding PIP owing claimants money due to court ruling

marko30

Hi everyone hope you are all well 

Just wanted to ask a question about something we had seen in the news about personal independence payments owing money to thousands of claimants due to a court ruling that some of the points they score you should have been ticked for certain mental and physical disabilities 

My wife 
In 2017 transfered from dla to pip
She scored enough points for enhanced care
But was one point off to get enhanced mobility 
So she was on put on standard mobility 

In 2021 she had her review and was awarded enhanced care and enhanced mobility 

Would my wife be in this category of people who is owed money 
On her old claim in 2017 we was told to do a mr due to only been 1 point off enhanced but we was then told she could lose it all because they look at the claim again

Emilyb81

Hiya you may of already read all this but it's hard for me to word it so I just thought it would be easier to just post the link?.... As I think it's only if your wife was previously told she couldn't have points or was awarded less points in 2 different situations I believe? Not just points overall? I mean it's not about what illnesses she may or may not have it's just how she would cope in the 2 situations I think one is mixing with other people and other is going out causing a lot of stress and making people very unwell? But il post the link....
https://www.google.com/amp/s/www.dailyrecord.co.uk/lifestyle/money/pip-claimants-due-backpayments-23605930.amp

Emilyb81

Hope that helps you see if she would be maybe getting her award looked at again? I don't think we have to contact them if we are owed or possibly owed any support I think they are supposed to tell you once they have checked people's claims? Good luck take care and stay safe! 

Emilyb81

Oh u may mean this? https://www.dailyrecord.co.uk/lifestyle/money/pip-claimant-back-payments-24204930
??? Sorry I hadn't seen that tile today! So all my waffle before was useless lol so sorry! Hope someone else can help you decide what to do moving forward?! But I guess no harm in asking if she would be one of the people to be looked at again?  

chiarieds

There have been 2 recent changes to PIP law. One is relevant to the 'Engaging with other people face to face' descriptor for awards made from 6 April 2016 to 17 September 2020. You can read about it here:

http://www.benefitsandwork.co.uk/images/image/samples/PIP_engage_changes.pdf    This concerns the daily living component, so wouldn't be relevant to your wife's case.

The other may be relevant as this concerns the 'Planning & following a journey' descriptor of the mobility component, but only if a claimant was perceived to suffer 'overwhelming psychological distress.' See: https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

It's unfortunate that you didn't previously pursue a MR as whilst the majority of awards are unchanged, it's actually very rare for anyone to get a reduced award. So, I'm pleased your wife is now getting the enhanced rate for both components.

Emilyb81

Emilyb81 said:

Oh u may mean this? https://www.dailyrecord.co.uk/lifestyle/money/pip-claimant-back-payments-24204930
??? Sorry I hadn't seen that tile today! So all my waffle before was useless lol so sorry! Hope someone else can help you decide what to do moving forward?! But I guess no harm in asking if she would be one of the people to be looked at again?  

Should of said until today not tile flipping phone! Lol