Disabled people who were ineligible to claim enhanced Personal Independence Payments (PIP) because they were considered not to need “social support” may now be eligible after a Supreme Court ruling, it has been suggested.
According to Headway, the brain injury charity, a landmark legal ruling may now allow financial support to reach those who need it the most.
The case centres around the legal definition of “social support”. Under the original test, PIP assessors would determine whether someone needs “prompting” to engage with other people or they need “social support”, and receive a score based on their = needs.
However, the Supreme Court case challenged the narrow definition of “social support”, with Judges ruling that the existing interpretation could be wider than current guidelines allow.
As a result, the Department for Work and Pensions (DWP) has now been forced to change the definition of “social support”, meaning people previously excluded may now be eligible for enhanced financial support.
The department said it would begin reviewing existing claims and backdate payments where necessary.
“Where claims are reviewed, as part of the administrative exercise, and this leads to an increase in the PIP award, claimants will receive backdated payments to the effective date in each claim. This will usually either be the date of the start of their PIP award, or the date of the UT decision, whichever is the later,” said the DWP.
For more information about the judgement and what it means for you, please click here.