PIP refusal

The daily living component of PIP is a “sickness benefit” for the purposes of the EU co-ordination rules. (Perhaps it is not a sickness benefit in the sense that we might distinguish between a ‘sickness’ benefit such as ESA or UC LCWRA and a ‘disability’ benefit such as PIP or AA - but for EU law purposes, the definition is correct).

One of the co-ordination rules - see CPAG ch 70 or Benefits for Migrants for more - is that a state which pays you a pension is generally also the competent state for the purposes of deciding which state is to pay sickness benefits. Therefore if your client was getting a pension from Poland, it would be Poland which takes responsibility for paying whatever sickness benefits are due under its law and there would be no entitlement to PIP DL.

There’s also the question of how you would appeal against a decision made in 2016… although I suppose in theory you could request revision for official error and then appeal any refusal via PH & SM v SSWP [2018] UKUT 404 (AAC).

Thank you very much for pointing me to the relevant information. I was completely ignorant but have now reviewed the matter in CPAG. The client is above retirement age and receives PC to top up the small Polish pension but as I read it she will not be eligible for AA on the same “competent state” ground?

Yes. In theory if she were to apply for AA, the DWP would then refer her case to the Polish authorities to consider whether she has any entitlement to equivalent Polish benefits, although this rarely works smoothly. It may be sensible for her to make her own enquiries with somebody who knows about the Polish benefits system.

I know that I am late to the party on this one, but I have a similar situation, only the difference is that we have made an application for PIP just before my Polish Client reached UK retirement age , so it has yet to be assessed. However he has a UK state pension in payment - albeit quite small, but Pension Services have advised (told him) that as he used to live or work in Poland, he needs to apply to them to see if he is also entitled to a Pension from there.

They have said that his UK SRP will not stop, but if there is an entitlement to a Polish Pension, will that scupper his possible entitlement to PIP?

As far as I am aware, the fact your client has a UK State Pension means that their PIP application should be decided as normal. If you have a copy of the CPAG Migrants Handbook 12th edition, this is covered on p.372

“If you receive a pension from two or more states and one of them is the state in which you reside, that state is responsible for the cost of your sickness benefits in kind and is therefore the competent state for paying cash sickness benefits.”

Art.23 EU Reg 883/04; SSWP v HR (AA) [2013] UKUT 66 (AAC); SL v SSWP (DLA) [2014] UKUT 108 (AAC)

Shouldn’t DWP be considering whether NI contributions in Poland can be used to increase his UK pension through aggregation rather than inviting him to make a parallel claim?

Paul, sadly I don’t have access to the Migrants Handbook - but thank you for the information and link.

Elliot I have attached a copy of the letter (no personal information is on view)