Residence and presence test for PIP

I have a client who was living out in the Philippines from 17/11/2018 to 2/2/22.  just before COVID hit, he wanted to return to the UK then the Philippines had a flight ban from the 25/3/2020 to 1/2/22 so he was unable to fly back.  when he did fly back, he claimed UC and was awarded this.  He claimed PIP on the 21/03/23 and was told that he was not present in the GB for 104 out of the 156 weeks.

Claimant say’s he couldn’t get back due to the flight ban and had that not been in place he would have been back sooner.

I’ve checked the exemption ruling and he does not meet these either.

case law i found UA-2022-001498-PIP has exceptional circumstances but comes back to it not fitting the exemptions.  my understanding is that the PIP regulations on presence and exemptions are too strict and will not allow for anything else as an exceptional circumstance.

i just want to know if I’ve missed anything on this or if there is any point i can argue.

He has also now reached retirement age so cannot claim PIP again and will have to claim AA instead but unfortunately he would not meet this as their is no mobility or cooking test.

any help would be greatly appreciated.

We’ve had similar cases and haven’t found any way around these rules, I’m afraid.