PIP Reliability: The 50% Rule Explained
- Mia Hughes
- Oct 27
- 3 min read
🔹 What is the “50% rule”?
The 50% rule (sometimes called the “majority of days” rule) is a Department for Work and Pensions (DWP) guideline used when assessing how your condition affects you for PIP daily living and mobility activities.
It means that:
You must be affected by your condition on more than 50% of the days in the relevant period (usually over the last 12 months and expected to continue for at least another 9 months) for it to count as a regular difficulty.
So, if a problem affects you on at least half the time, it’s treated as if it affects you all the time for the purposes of PIP scoring.
🔹 In practice – how it’s applied
When the DWP looks at your evidence, they consider:
How often your symptoms or difficulties occur (for example, pain, fatigue, seizures, anxiety episodes, etc.).
Whether you can complete an activity safely, to an acceptable standard, repeatedly and in a reasonable time.
If you cannot do it properly more than 50% of the time, you should score as if you cannot do it at all.
Example 1 – Mobility
If you can only walk 20–50 metres on 4 days out of 7, but on the other 3 days you can walk further, you are treated as only being able to walk 20–50 metres, because that limitation applies on more than 50% of days.
Example 2 – Daily living
If you need help preparing food 5 days a week due to fatigue or poor coordination, even if you manage alone on 2 days, you’re considered to need help — since the difficulty applies more than half the time.
🔹 Time period
Assessors look at:
The 3-month period before your claim (how long you’ve had the issue), and
At least 9 months into the future (how long it’s expected to last).
You need to show that your difficulties meet the 50% rule within this timeframe.
The four reliability criteria can, when applied together, can help you turn 'can do' days into 'can't do' days, thus reaching the '50% of days' fluctuating conditions requirement.
For example if someone can't do the activity at all on average one day per week, but also can't do it safely on a further three days per week, combined, they now have an average of four 'can't do days' per week. This means they now have more than 50% of days in the 12 month period which are 'can't do' days and should now score points for this activity!
🔹 Common misunderstanding
You don’t have to be affected every single day — but you do need evidence that, over time, your condition limits you more often than not. If your symptoms fluctuate, you should explain the pattern, such as:
“On 4–5 days a week I can’t walk more than 20 metres without resting. On better days I can do 100 metres, but those days are fewer.”
Keeping a symptom diary or care log is a great way to show this pattern clearly.
🔹 Why it matters
The 50% rule affects:
Which PIP descriptor you are awarded points for (e.g. “needs assistance” vs. “can do unaided”), and
Whether you qualify for standard or enhanced rates.
If you can do an activity unaided on less than half your days, you should be scored as needing help all the time under the law.
🔹 Legal basis
The rule comes from:
Social Security (Personal Independence Payment) Regulations 2013, Part 2, Regulation 7(1)(c):
“A descriptor applies to a person if it applies on more than 50% of the days in the required period.”
Case law (e.g. MH v Secretary of State for Work and Pensions [2016] UKUT 0531 (AAC)) confirms that fluctuating conditions must be assessed using the majority-of-days approach.
✅ Quick summary
Situation | How the 50% rule applies |
You have good and bad days | DWP averages over time — bad days must be more than half the time to count |
You’re affected about 3 days a week | Not enough — unlikely to count under 50% rule |
You’re affected 4 or more days a week | Counts — treated as if you’re affected all the time |
Condition changes from month to month | They’ll look at the overall pattern across the period |
If you would like help writing or checking your PIP form, please get in touch.
maria@benefitiaforms.co.uk or visit my website benefitiaforms.co.uk. I look forward to being able to help you.
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