PIP new claim - refused due to LLR ending in the future

I am not sure that there is really anything much to be done for the moment. On any view, the current facts are that your client currently has no right to remain in the UK beyond 15 June 2024 and therefore will have no entitlement to PIP beyond that date. That will remain the case until she makes a relevant application and obtains s3C leave. 

I don’t read the letter from PIP as saying that they are refusing to accept a claim. They seem to be saying that they will send out the health questionnaire once satisfied that her leave has been extended. The PIP2 questionnaire is not the claim form - its a request for information under reg 8 PIP Regs - the PIP1 claim form would have been completed over the phone. Regardless, if you pressed them on it, they could just refuse the advance claim on the grounds that your client won’t have an entitlement from 16 June 2024 onward on the basis of her immigration position - which is where matters currently stand.

It should really be a case of getting the extension of leave sorted out and then getting back in touch with PIP. I have known them to extend awards over the phone in these sorts of circumstances although it is a while since I have had practical experience of it.

Elliot Kent - 15 March 2024 11:19 PM

I am not sure that there is really anything much to be done for the moment. On any view, the current facts are that your client currently has no right to remain in the UK beyond 15 June 2024 and therefore will have no entitlement to PIP beyond that date. That will remain the case until she makes a relevant application and obtains s3C leave. 

I don’t read the letter from PIP as saying that they are refusing to accept a claim. They seem to be saying that they will send out the health questionnaire once satisfied that her leave has been extended. The PIP2 questionnaire is not the claim form - its a request for information under reg 8 PIP Regs - the PIP1 claim form would have been completed over the phone. Regardless, if you pressed them on it, they could just refuse the advance claim on the grounds that your client won’t have an entitlement from 16 June 2024 onward on the basis of her immigration position - which is where matters currently stand.

It should really be a case of getting the extension of leave sorted out and then getting back in touch with PIP. I have known them to extend awards over the phone in these sorts of circumstances although it is a while since I have had practical experience of it.

Reading this again with your analysis in mind, agreed they don’t appear to have refused to accept the claim. Thanks Elliot.

I thought this might come in handy…

43. You will need to establish if the claimant is granted an extension at
the end of the period granted by making the usual enquiries into the
claimant’s status. Any PIP award must be limited to the period of leave
allowed, or less if appropriate.

See thread

https://www.rightsnet.org.uk/forums/viewthread/19655/#92605

I was entirely right when I said before that guidance is being wrongfully elevated to an authorattive statment of the law

This is revealed by the DWP submissions in the case I took to Tribunal and debunked by the Tribunal Judge