PIP for refugee

Hello! I am working with a disabled refugee, who we are supporting to claim PIP. She has been told (twice) that she is not eligible as she doesn’t pass the Past Presence test. She came to the UK in November 2018 and has “refugee, leave to remain” with no restrictions on her BRP.

From what I understand DWP were taken to court in 2016 and found to be discriminatory against refugees, so I’m surprised she has been turned down. Does anyone have any experience/advice on this? The court case was re: DLA, but I’d be surprised if this didn’t then apply to PIP?

Thanks,
Rebekah

http://www.cpag.org.uk/content/dla-refugee-children
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4820

CPAG WRH page 1592 “if you have refugee leave or humanitarian protection…, you are exempt from the past presence test” PIP Reg 23A SS(PIP) Regs

As per Tricia, they’re exempt from the past presence test.

However, I don’t think its at all unusual for these things to be missed on the initial decision (I don’t think that the initial PIP1 claim form actually asks any questions which would prompt the claimant to identify that they were a refugee so this is unsurprising) - if your client is refused, then they will need to ask for a mandatory reconsideration which would hopefully mean it gets looked at properly.