Refused personal Independence payment PIP because of citizenship I

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I was born and lived in Manchester most my life in the last few years I have been back and forward to Dublin I recently moved back from Dublin two months ago and applied for PIP personal independent payment and was told I would be entitled to it but I was refused on the basis that I was not living in the country for the last two years I am an English citizen and found this is not fair does anyone know if there's anything I can do about this and my son has a disability to and they said the same that we both should be residence in the country for two years to be entitled to this benefit please can anyone help me with any information can they do this to me I would be very grateful for any help advice

0 likes, 3 replies

3 Replies

  • Posted

    Hi Ann

    To make a claim for PIP you must:

    Be habitually resident in the UK (this is decided by looking at a number of factors including reasons for coming to the UK, the length of your stay, future intentions, and previous links with the country) and satisfy the past presence test (you must have been present in the UK for 104 out of the previous 156 weeks)

    You would seem to easily pass the first test (and so would your son) but it seems you have fallen foul of the second test. There are exceptions

    If you're:a serving member of HM forces

    an aircraft worker, such as a pilot or cabin crew

    a mariner employed at sea in connection with continental shelf operations

    living with a serving member of HM forces, an aircraft worker or a mariner, and you’re their spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother.

  • Posted

    Yes you need to live here for 2 years to apply in some cases more . It's the rules of the dwp and it's not new , you take care .
  • Posted

    It was done to try to stem the ability of some who where 'benefit tourists'.

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