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PIP past presence test re: Client returned to UK 3 months ago, after several years in Africa.
Client returned to UK 3 months ago, after several years in an African country.
Had originally gone with Partner and their child on a 3 month visa with a return ticket to meet Partner’s Mum.
Partner’s Mum’s health deteriorated, they cared for her, she then passed away. There were issues equivalent to probate sorting out her affairs after she passed away.
This was a slow process and the years passed, before they returned to UK, client is barred from African country for overstaying her 3 month tourist visa.
They made a claim for UC when they arrived back in UK after a couple of weeks which was refused on HRT grounds (MR lodged on basis of arguable case for her being found to have HRT on day of return to UK). Gap of roughly 7 weeks between this claim and the subsequent claim below.
We helped them with a UC second claim. DWP made award accepted an ‘appreciable period’ as 2 months for establishing HRT. As have our local LA regarding housing issues.
They had also made a claim for PIP which was refused as client had not been in UK for 104 weeks out of the previous 156 weeks.
Had a look at the ‘residence and presence conditions reg 16 i.e. meeting the above. Looking at running an argument to meet the above on the basis of reg 17 (2) ‘absence from UK’ i.e. C is temporarily absent if, at the beginning of the period of absence, C’s absence is unlikely to exceed 52 weeks’.
Has anyone got any thoughts on whether this argument has any mileage?