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Past Presence Test and Covid
Cl claiming PIP. Transpires he was out of the UK in Nigeria from Jan 2020 until June 21. Said he was unable to return due to Covid and had a return ticket initially for a 3 month stay.
Is there any info on this and the past presence test?
In the first instance, his PIP will be stopped to the extent that he has been abroad longer than the permissible 13 weeks. There is likely to be a substantial recoverable overpayment if he did not tell them about his absence.
For the purposes of the PPT, time spent abroad as part of a permitted temporary absence is still counted as a period of past presence, so a person could theoretically leave the UK for a total of 65 weeks and be able to pass the PPT immediately on their return, however it seems your client has exceeded even this limit.
Many thanks Elliot. I think I wasn’t clear in that we were looking to claim PIP, cl isn’t in receipt of PIP at this time.
In the first instance, his PIP will be stopped to the extent that he has been abroad longer than the permissible 13 weeks. There is likely to be a substantial recoverable overpayment if he did not tell them about his absence.
For the purposes of the PPT, time spent abroad as part of a permitted temporary absence is still counted as a period of past presence, so a person could theoretically leave the UK for a total of 65 weeks and be able to pass the PPT immediately on their return, however it seems your client has exceeded even this limit.
This thread might be of some use to you:- https://www.rightsnet.org.uk/forums/viewthread/14162/
Has anyone come across any kind of pandemic exception for P&P test.
I have a client who had travelled to Australia on a 1 yr working holiday visa (Dec 19 - Dec 20). He was unable to return due to Covid travel restrictions and was advised by consulate to stay put and got visa extended for a further year.
After March 21 he became aware of a congenital degenerative spine condition, for which he has undergone 2 spinal surgeries - meaning he could not obtain a fit-to-fly cert until Dec 21.
He then returned to UK and made a claim for PIP - refused on P&P grounds.
Any ideas??