BENEFITS EXPERT: How some people may be affected by DWP review of PIP claims

The Department for Work and Pensions (DWP) have recently announced an internal review of PIP claims following a recent decision made by an Upper Tier Tribunal.

The case in question related to hearing impaired claimants who argued they should be awarded points for the activity of bathing and washing.
The case in question related to hearing impaired claimants who argued they should be awarded points for the activity of bathing and washing.

No action will be required by claimants who may be affected by this decision, however there has been no date given as to when this review will begin or how many claimants may benefit as a result of the decision.

The case in question related to hearing impaired claimants who argued they should be awarded points for the activity of bathing and washing.

They argued that in order to do this activity safely, points should be awarded for either having an aid or someone on hand to alert them in case of a house fire. They argued they would not be able to hear a smoke alarm but would benefit from a smoke alarm that produced a visual alert or had a person present in their home allowing them to bathe safely and have this person alert them in the event of a house fire.

The Upper Tier Tribunal accepted this argument and this has led to the review.

Claims, whether PIP was awarded or not for daily living, made on or after 21/8/2020 will be looked at, as this was the date of the tribunal decision.

The DWP have advised they won’t review any applications to which the following conditions apply.

1) The enhanced rate of daily living has been in place on or after the above date, this is because additional points won’t increase the award.

2) A First Tier Tribunal made a decision since the above date.

3) A decision not to award PIP was made before the above date.

Any claimants in condition 2) or 3) can start a new claim if they believe the decision may lead to an award.

Those who benefit from the internal review that leads to either payment of daily living or it would move them from standard to enhanced daily living will have their payments backdated to 21/8/2022.

Claimants will be notified after the review has been carried out advising why the award has been reviewed and notifying claimants of the outcome.

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