A second way in which back payment for PIP may work is due to a landmark Supreme Court judgement in July 2019, which ruled that more people with mental health conditions who find social situations debilitating should have been entitled to higher benefits since April 2016.
The ruling was made following a challenge by a PIP claimant, a 47-year-old man known as MM. It concerned the definition of “social support” when engaging with other people face to face. The Supreme Court ordered the DWP to clearly define what counts as support and not dismiss the help that many people with mental health problems need in social situations.
As a result of this rule change, in September 2021 the DWP began looking into PIP claims since 6 April 2016 to check whether claimants may be eligible for more support under PIP.
You may be entitled to PIP back payment either if the decision to award PIP has been successful, in which case you would have it back paid automatically, or if you believe you may have been affected by the 2019 Supreme Court ruling.
How does it work?
Turn2us explained: “Your personal independence payment (PIP) will start being paid after you receive your decision letter. Your decision letter tells you whether you qualify for PIP and how much you will get. Your PIP will be backdated to the date when you made the PIP claim, so you are likely to get a lump sum back payment.”
If you are entitled to back payments, Turn2us added that the DWP may contact you to ask if you would like to have the money paid as a lump sum or in instalments, and which option you choose is up to you.
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The poverty charity explained that whichever option you choose, you should make a plan for how you want to use any back payment you may be awarded, claiming “lots of people use it to pay down debt or for one-off purchases they’ve been trying to save for”.
How do I know if I’m eligible for PIP back payment?
You may be eligible for a PIP back payment either if your claim was backdated to the date you first made the claim, or if you were affected by the 2019 Supreme Court ruling on PIP.
You can find out if you are eligible for back payments either by checking your decision letter or contacting the PIP enquiry line 0800 121 4433. Your local Citizens Advice branch may also be able to speak to you about whether you maybe owed back payments.
The charity ICANN advised that in order to ensure any backdated PIP payments are correct, you should: “Keep a record of when you applied; submit all required documents on time; and seek information from an advocate or expert if you believe your backdated payment is incorrect.”
Will getting PIP backpay affect other benefits?
Receiving PIP in general does not affect means-tested benefits like universal credit or housing benefits.
Z2K’s Samuel Thomas explained: “For the purposes of assessing entitlement to means-tested benefits, PIP is not considered income. So if your only other income is PIP and you claim universal credit, you’re treated as having no income.”
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Turn2us explained that when it comes to receiving backdated PIP, certain amounts will not count as savings for the first year after it is paid to you. You should still declare the fact that you’ve received PIP back pay when you apply for other benefits.
“Your backdated lump sum doesn’t count as savings or capital for other benefits for the first year after it is paid, so in the first year you are free to use that lump sum exactly as you like, without it affecting your other benefits. If the back payment is more than £5,000 it won’t count as savings even after the first year,” the charity explained on its website.
It continued: “Some other help will also be backdated – so for instance if you have been affected by the benefit cap but it has now been lifted because of your award of PIP, you should be paid back all the money that has been being deducted under the benefit cap back to when you first claimed PIP.”
What to do if you think you might be owed backdated PIP payments
You will be notified by the DWP if you are owed backdated PIP payments after your case has been automatically reviewed.
You can call the PIP enquiry phone line on 0800 121 4433 from 9am to 5pm Monday to Friday. For further help, contact Citizens Advice on 03444 111 444.
Where else can I go for more support?
If you need to contact someone about PIP, its enquiry line is 0800 121 4433 for telephone and 0800 121 4493 for textphone.
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If you can’t hear or speak on the phone, you can use Relay UK to type what you want to say: 18001 then 0800 121 4433.
If you’re looking for help and support with your PIP application or your entitlement to back payment, Turn2us has a free online PIP helper that could provide support. In addition, your local Citizens Advice branch might be able to help you or find somewhere that can; it also has a host of valuable information about applying for PIP on its website.
For more information on applying for PIP, and for further advice on navigating the DWP disability benefits assessment process, experts have explained everything you need to know, from the evidence you’ll need to filling out the application form.
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