PIP & Residence Test

I have a UK citizen who has been serving a custodial sentence in the UK for in excess of 4 years. Does this period count for the 2 year requirement (after release) test as per Reg 16. The reg doesn’t say you have to be working or actively looking for work ie not being in custody so would the client satisfy the 2 year test whilst in prison. Any advice would be appreciated.

I feel like I might be getting the wrong end of the stick, but if your client has been residing in the UK for 104 of the past 156 weeks, he can claim PIP. It’s not relevant whether he has been in prison or not.

Many thanks for your last reply about PIPs, but secondly can I assume the same UK citizen client that again has served 4 years in a UK prison can claim income based JSA immediately upon release ie not having to wait 3 months after release. I take it that the 3 month rule for UK citizens would apply if they have just returned from eg Austraila.

i wonder if you’re getting confused with the position for non citizens in jail, where jail doesn’t count for legal residence towards ILR or similar.

your client is a uk citizen, and in the country.  no problems.