People who claim Personal Independence Payment, or PIP, could be owed thousands thanks to a change in the law.
The Department for Work and Pensions is currently conducting a review of PIP claimants to identify those who may be due back payments of up to £13,000 in benefits as a result of a change in the law.
But not everyone who is eligible for these extra payments will be contacted and it's not yet known how the DWP will identify and contact claimants - reports the Daily Record.
The independent benefits advice website Benefits and Work highlighted the issue.
The website said: “The search is the result of a Supreme Court decision in July which found that the DWP had not been awarding the correct points to some claimants with mental health conditions who need prompting or social support to engage in face-to-face [situations] with other people.
"Some claimants will have missed out on awards of the standard daily living component since April 2016 and will be entitled to around £13,000 in back payments of PIP.”
In some cases, eligible claimants due the award may also be entitled to back payments of means-tested benefits premiums.
The website added: “Others who claimed more recently, or who should have got the enhanced rate but only received the standard rate, will be entitled to smaller but still substantial sums.”
Who could be eligible?
People who have regular meetings with a mental health professional, without which they would not be able to manage face-to-face encounters
People who need the input of particular friends or relatives with experience of supporting them in social situations, rather than just any well-meaning friend or relative, to help them manage face-to-face encounters.
The DWP search will date back to April 2016 for potentially affected people, including claimants who didn’t receive any award for PIP.
However, Benefits and Work is concerned that some people will be overlooked, including those who made a claim before April 2016 and those whose award was made by a tribunal.
The DWP does not “have the power to change tribunal decisions on the grounds of an error of law and you will need to contact the DWP yourself in these circumstances,” they advised.
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What is the change in the law?
In August, the DWP outlined changes it was making to the PIP process which determined the level of financial support awarded to claimants during certain time periods.
These changes are a result of amendments changes to PIP law for:
Managing medication and monitoring a health condition - changes from 28 November 2016 to 15 March 2017
Safety and supervision - changes from 9 March 2017
Special diet as therapy - changes from 28 November 2016
Overwhelming psychological distress and planning journeys - changes from 28 November 2016
The changes to PIP law affects how it decides claims for:
people who currently get PIP
people who applied for PIP in the past but do not currently get it
people moving from Disability Living Allowance (DLA) to PIP
