Regulatoin 27 PIP

Regulation 27 PIP does anyone know about this , I have a client who is asking for mobility after pension age, seems she was refused mobility completely and has had various PIP decisions saying she cant get mobility as she is over pension age, she thinks she can ask for this to be looked at again
she does say she was not awarde dany level of mobility, she has had a number of pIP assessments over teh past few years

Regulation 27 is pretty clear on the matter:

“Where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award”

“Where C is not entitled to the enhanced rate of that component because of paragraph (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award”

Basically reg 27 ‘caps’ the mobility component at whatever rate was awarded prior to pension age.

So even if someone scored 12 points for mobility after pension age, if they didn’t have a mobility component awarded previously they cannot get the mobility component. If they scored 12 points for mobility and previously had the standard rate of the mobility component, then they still get the standard rate.

So for your client, as she hasn’t had the mobility component previously and is now over pension age, she cannot be awarded the mobility component. She can ask for the decision to be looked at again - that’s her right - but the decision will be that regulation 27 applies and she cannot newly qualify for the mobility component after pension age.

She may be able to ask for it to be looked at again - the current regs were changed following a UT case that highlighted loophole in regs - see https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-issues-guidance-on-new-adninistrative-exercise-to-review-pip-mobility-awards-that-were-not-increased-because-the-claimant-was-over-state-pension-age

I think it’s unlikely your client will qualify for the review Daphne mentions - but definitely worth looking into it just in case.
The eligibility for the review is for those already receiving standard mobility before reaching pension age who then were assessed as meeting the enhanced rate descriptors - and only for cases pre-November 2020 when they closed the loophole.

So it won’t apply if, as implied by your post, she never had any rate of the mobility component pre-pension age and/or she was only assessed as meeting the enhanced rate of mobility post November 2020.

Ah yes good point Kat - I missed that she didn’t have any award previously ;)

OK as I feared , she is out of the equation, turns out she asked for an appeal which was ignored in July 2023 so we may be asking for a late appeal, on dl issue, thanks for your responses