Certain older claimants over State Pension age could be due more money as a result of a DWP regulation change following a 2020 tribunal ruling
Linda Howard Money and Consumer Writer and Rory Poulter
06:56, 20 Dec 2025
The legislative update stems from a tribunal decision on May 22, 2020(Image: Kate Wieser via Getty Images)
Certain older Brits receiving Personal Independence Payment (PIP) with the lower mobility rate may now be eligible to request the Department for Work and Pensions (DWP) reassess their claim following a recent legislative amendment. Those beyond State Pension age could also qualify for an enhanced mobility component of PIP, even if they’ve ceased receiving the benefit.
It’s crucial to understand that this legislative change specifically concerns claimants above State Pension age and their eligibility for the enhanced mobility component. Fresh DWP guidance clarifies that it exclusively covers PIP claims reviewed between April 8, 2013 and November 20, 2020.
The legislative amendment stems from a tribunal decision on May 22, 2020, which highlighted an inadvertent loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013, reports the Daily Record.
The enhanced mobility rate of PIP also provides access to the Motability Scheme.(Image: Getty)
According to the guidance: “DWP did not have the legal powers to restrict the mobility award for claimants who were in receipt of the standard rate of the mobility award and over State Pension age, on the grounds of new medical evidence. New medical evidence is a report from a health professional requested by DWP which recommended the enhanced rate of the mobility award.
“DWP were only able to restrict the mobility award for claimants if a relevant change in circumstances was identified after they reached State Pension age.”
Amendments to PIP regulations came into force from 30 November 2020 to rectify this unintentional oversight. The DWP is urging anyone who believes they may have been impacted to request a review of their claim.
So, who might be eligible for the enhanced mobility rate of PIP?
Previously, the DWP would utilise a health professional’s report when assessing your claim. If you hadn’t reported any changes in your mobility needs, you could potentially be entitled to an increase in your mobility award. This is due to the fact that the DWP should not have informed you that it couldn’t be increased because you had reached State Pension age – which implies you could have received more money.
The enhanced mobility rate is currently valued at £77.05 per week during this financial year, equating to approximately £308.20 every four-week pay period. An award for the enhanced mobility rate could also enable someone to join the Motability Scheme, assisting them with transportation.
Eligibility
You may be eligible for an increased award for the mobility component of your PIP, even if you’re no longer receiving PIP, provided all of the following conditions are met:
you had your PIP claim reviewed between April 8, 2013 and November 20, 2020you were over State Pension ageyou received the standard rate of the mobility awardyou did not report a change in your circumstances that affected your mobility needsyou had a health professional assessmentyou continued to receive the standard rate of the mobility awardyour decision letter told you we could not increase your mobility award because you were over State Pension age
The DWP has also previously stated that if you’re currently receiving PIP, your award will not be reduced as a result of this change. However, it clarified that it cannot revisit any decisions made by a tribunal.
How to apply
To enquire, contact the PIP enquiry line on 0800 121 6579 and mention that you’re enquiring about the ‘Regulation 27 administrative exercise review’. You’ll need to provide your National Insurance number. You can also reach out to them via post, with all the necessary details available on the GOV.UK website here. Complete information can be accessed on the GOV.UK website here.
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