Certain older people receiving the Personal Independence Payment (PIP) with an award for the lower rate of mobility element may be able to request the Department for Work and Pensions (DWP) to reassess their claim due to a recent alteration in legislation.

Those above State Pension age might also be eligible for an increased award for the mobility component of PIP, even if they have ceased receiving the benefit. However, the legislative change only relates to claimants over State Pension age and their eligibility for the enhanced mobility award.

DWP guidance clarifies that it solely applies to PIP claims that were reviewed between April 8 2013 and November 20 2020. This legal amendment follows a tribunal ruling on May 22 2020, which pinpointed an unintentional loophole in regulation 27 of the Social Security (Personal Independence Payment) Regulations 2013 , reports the Daily Record.

The guidance states: "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."

Modifications to PIP regulations came into effect from November 30 2020 to rectify this unintentional oversight.

DWP is urging anyone who believes they may have been impacted to request a review of their claim.

DWP previously relied on a health professional report when assessing your claim, and if you hadn't declared a change in your mobility requirements, you may be due an increase in your mobility award.

This is because DWP should not have informed you it couldn't be increased due to reaching State Pension age - meaning you could have received additional money.

The enhanced mobility rate is worth £77.05 each week during the current financial year, some £308.20 every four-week pay period. An award for the enhanced mobility rate could also enable someone to join the Motability Scheme, to help them get around.

The new payment rates will start on April 6.

Daily Living component

• Enhanced: £114.60 (from £110.40)
• Standard: £76.70 (from £73.90)

Mobility component

• Enhanced: £80.00 (from £77.05)
• Standard: £30.30 (from £29.20)

You might qualify for an enhanced mobility award, regardless of whether you're currently receiving PIP, if 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

The DWP has also stated previously that if you're currently receiving PIP, they won't reduce your award due to this change. However, it added it cannot re-examine any decisions made by a tribunal.

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.