The legislative change stems from a tribunal decision
Linda Howard Money and Consumer Writer and Rory Poulter
05:35, 16 Jan 2026Updated 07:08, 16 Jan 2026
The legislative change stems from a tribunal decision on May 22, 2020(Image: Inside Creative House via Getty Images)
Certain older people claiming Personal Independence Payment ( PIP ) with the lower mobility rate may now be able to request the Department for Work and Pensions (DWP) reassess their case following a recent legal amendment. Even pensioners beyond State Pension age who’ve ceased receiving the benefit could be entitled to an enhanced mobility award.
The legal shift exclusively affects claimants over State Pension age and their eligibility for the enhanced mobility component. DWP guidance clarifies it’s only relevant to PIP claims reviewed between April 8, 2013 and November 20, 2020.
The legislative change stems from a tribunal decision on May 22, 2020, which exposed an inadvertent loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013.
The enhanced mobility rate of PIP also provides access to the Motability Scheme.(Image: Getty Images)
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.”, reports the Daily Record.
Amendments to PIP regulations came into force on November 30, 2020 to rectify this unintended gap. The DWP is urging anyone who suspects they may have been impacted to request a review of their claim.
Who might qualify for the PIP enhanced mobility rate?
In the past, the DWP relied on a health professional’s report when assessing your claim. If you hadn’t reported any changes in your mobility needs, you could be due an increase in your mobility award.
This is because the DWP should not have informed you that it couldn’t be increased due to you reaching State Pension age – which implies you could have received more money.
The enhanced mobility rate currently stands at £77.05 per week for this financial year, equating to £308.20 every four-week pay period. An award for the enhanced mobility rate could also grant someone access to 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, if all of the following conditions are met:
- you had your PIP claim reviewed between April 8, 2013 and November 20, 2020
- you were over State Pension age
- you received the standard rate of the mobility award
- you did not report a change in your circumstances that affected your mobility needs
- you had a health professional assessment
- you continued to receive the standard rate of the mobility award
- your decision letter told you we could not increase your mobility award because you were over State Pension age
DWP has also previously said if you are getting PIP now, they will not reduce your award because of this change. However, it added it cannot look again at any decisions made by a tribunal.
How to apply
Contact the PIP enquiry line on 0800 121 6579 and say you are enquiring about the ‘Regulation 27 administrative exercise review’.
You will need your National Insurance number. You can also contact them by post, full details are on the GOV.UK website here.
Full details can be found on the GOV.UK website here.