On 28 May 2026, DWP published statistics about two exercises which reviewed historic PIP claims for people affected by the MM Supreme Court judgment or the LB Upper Tribunal decision.

MM judgment

The MM judgment was handed down in July 2019 and related to Daily Living activity 9 of the PIP assessment. It found that prompting should be considered social support when it is provided by a person trained or otherwise experienced in assisting people to engage in social situations. It also found that DWP should take account of social support given before and after a social situation, not just at the time of the interaction itself, depending on the needs of the claimant.

DWP updated the guidance for new claims from 17 September 2020 to reflect the judgment.

On 20 September 2021, DWP launched an exercise to review historic claims from 6 April 2016 to 16 September 2020 that may have been affected by the MM judgment. DWP looked at cases where people with a psychiatric condition had previously been assessed as needing prompting and cases not previously awarded points for Daily Living activity 9 because of the timing of any support. A progress update on this exercise was previously published at: PIP administrative exercise for MM: progress report to 31 August 2023 - GOV.UK.

This exercise concluded on 17 November. The release sets out management information related to the exercise. DWP reviewed 350,000 cases and made 48,000 payments in arrears, totalling £270 million.

LB Upper Tribunal decision

The LB Upper Tribunal decision was handed down in November 2016 and related to Daily Living activity 3 of the PIP assessment. It changed how managing therapy or monitoring a health condition should be interpreted. The Upper Tribunal found that a combination of time spent supervising, prompting and assisting with medication and monitoring a health condition must be considered as therapy. The Tribunal also made comments on when paying attention to the timing and nature of food and drink constitutes diet as therapy.

DWP updated guidance for new claims from 17 June 2019 to reflect the decision.

On 15 October 2019, the Department launched an exercise to review historic claims made between 28 November 2016 and 16 June 2019 that may have been affected by the LB decision. DWP looked at cases of people with diabetes and another condition, such as a learning disability or severe visual impairment.

The exercise concluded on 31 January 2024. The release sets out management information related to the exercise. DWP reviewed 44,000 cases and made fewer than 100 payments in arrears, totalling £188,000.

All reviews have been carried out by a Case Manager within the Department and no one should have seen their PIP reduced because of these exercises.

Although DWP has completed both exercises, claimants can still ask the Department to conduct a review of their case if they think they are affected.

https://www.theyworkforyou.com/wms/?id=2026-06-01.hcws68.0