Incorrect expiry date for PIP claims - 31/12/24 for refugees, other types of leave

Not a policy angle, and not risk free, but could MR the length of the awards?

I have requested an MR on the length of the award in the last two I’ve done (where the person got standard DL only but we’re arguing for more), and both have been refused at appeal, with the award length date completely ignored, so am flagging these to the orgs to take on their appeal casework!

ZoeHBF - 03 October 2022 10:31 PM

Helloooo - I wanted to raise an issue to see if this something that could be addressed on a policy/technical level? Lots of our clients (people newly granted refugee status and other types of usually protection-based leave to remain) are being awarded PIP with the expiry date of award of 31/12/2024. This date isn’t the date their actual leave to remain expires, and I know it’s not just the fate generated to give them, e.g. a 2.5 year award, because everyone I’m seeing awarded PIP at the moment has 31/12/2024 as their end date.

I’m 99% sure that this date is because, whilst it isn’t the date of their expiry of leave to remain, it is technically the expiry date of their physical BRP card. I’m sure most people know this but the HO currently only issue BRPs with an expiry date of 31/12/2024 (if the person’s leave is longer than this period), and they are apparently planning to phase out BRPs in any case and have it all virtual (this whole situation will likely be v difficult in the refugee sector, I’m glad 2024 seems far off!). https://www.gov.uk/biometric-residence-permits/report-problem

My issue here re: PIP is that I think PIP decision makers are arbitrarily and incorrectly making 31/12/2024 the expiry date of people’s awards, based on a sloppy misunderstanding of the dates on the persons BRP, meaning that people are getting shorter PIP awards than they would do otherwise. It will also presumably create a v big backlog for PIP in 2024, when all people claiming PIP at that point who are not citizens/have ILR will be told (hopefully?) to submit a new claim, whilst at the same time the HO will likely have a huge backlog (as they always do), specifically for issuing whatever kind of BRP they come up with post-2024.

Is it possible anyone attending any stakeholder-type DWP forums with the DWP could raise this with them? As it needs to stop ASAP, and award end dates to be determined in line with peoples actual needs (ha) and also in line with the expiry of the person’s leave to remain leave date, if applicable, with ideally a review of all claims for people with a time limit on their leave to remain extending past 31/12/2024, but whose BRP shows that date as its expiry date.

I hope this makes any sense, and interested if anyone has any ideas as to how this matter could be raised with the DWP?

Hi Zoe

I can raise it with the DWP - I’ll let you know if I hear anything back

Interested to learn how this both works and plays out.

On paper there is no evidence of a change of circumstance on the date in question. That will look different for each person presumably. On paper there is no connection between award length and residence/presence etc.

What do the DWP do with these? Issue new claim forms before the expiry of the award? What would be the point if any new award would also have to then expire on the same date?

Not my area of expertise but happy to learn what I’m missing.

Mike Hughes - 04 October 2022 05:33 PM

What do the DWP do with these? Issue new claim forms before the expiry of the award? What would be the point if any new award would also have to then expire on the same date?

My experience is that awards are made with the expiry date of the end of the leave to remain and then they are just administratively extended for a period once DWP are satisfied that the claimant has made a timely application for further leave (as this continues their leave automatically until the application is resolved).

There is a valid point that immigration status isn’t technically a matter which the DWP are supposed to have regard to in setting award length, but the principle of ensuring that benefit doesn’t continue beyond the end of time limited leave to remain is unobjectionable I suppose.

Thanks all - Daphne, I will reply with details etc. once clients have consented to me passing on their details to the DWP.

Mike, in my experience, PIP claims are awarded for our clients (where their leave is due to expire within the next few years but BEFORE the HO started issuing BRPs which all have 31/12/2024 as their expiry date) until the exact date their refugee status (or other type of leave expires).

However, unlike Elliot’s example, I find that they aren’t then administratively extended, but rather the client has to make a new claim for PIP, because their claim actually ends on the date in question.

This new claim then ends up being inevitably delayed because the DWP need evidence that they have submitted an in-time application for renewed leave to remain and so have Section 3c continuation leave, before they can send out the health questionnaire etc. and the new claim can continue as ‘normal’.

However in this situation, (I believe) the DWP are using the wrong information regarding someone’s immigration status to make a decision on the expiry date of the PIP award, by using the BRP expiry date (31/12/2024 for everyone at the moment unless leave is to expire before then, e.g., if granted LLR for a shorter period), and not the expiry date of the person’s actual grant of whatever kind of leave to remain they have.

Sympathetically/generously, this is probably because most people send their BRP as proof of their eligibility for PIP, the stage before PIP can send out the questionnaire, rather than other evidence (e.g. the letter actually granting refugee status or some other kind of leave). However, I know the DWP can check information with the HO as they have to all the time, and so shouldn’t be pegging people’s PIP to the arbitrary date of the BRP expiring (and the BRP alone).

Thanks to Zoe for raising this - we have had a prompt and helpful response -

There is a misunderstanding with some (not all) Case Managers.  Our guidance notes to accept the BRP but to then clarify the Leave to Remain date if the BRP is dated 31/12/2024.

A compliance note is being prepared reinforcing the guidance so thank you for bringing this to my attention.

Some checks are being put in place to ensure this is corrected and it would also be useful if your colleagues come across any further cases to detail the information and you can let me know.

So do let me know if any cases come up in the future and I can feed back.

A bit more info - unfortunately DWP says do not have resources to do a wider trawl -

When I got your original email my initial ask was to see if we could do a trawl to highlight cases and then correct if required.  However, it is not viable and also there is so much going on digitally around the cost of living, it is not possible.