PPT Discrimination

I have a PIP appeal next week which involves the PPT in PIP. The claimant worked in the Middle East from 2003 to 2020. He suffered kidney failure and he returned to the UK in October 2020 where his wife has remained living.

They are both British Citizens, Claimant made PIP application July 2021 and this was refused because of the PPT.

I am trying to argue that the 2 year wait before he can be awarded PIP is manifestly without reasonable foundation. I am using TS (by TS) v SSWP (DLA); EK (by MK) v SSWP (DLA) [2020] UKUT 284 (AAC) as the basis for my case. I am trying to argue that the PIP PPT contravenes Article 14 HRA.

I have sent the Tribunal details of the UN Convention on the Rights of Disabled Persons and a copy of the 2017 UN Report on how the UK is applying this convention.

I have only come across two cases, in the last six years, where the PPT meant the claimant had to wait two years and both cases involved British citizens. I have supported around five other appeals involving EU nationals where the PPT was found not to apply because they had sufficient links to the UK. In my experience the PPT discriminates against British Citizens returning from outside the EU.

I have asked the DWP for a FOI request to find how many claims are refused under the PPT and what was the nationality of these refused. They have said it would cost them too much to get this information.

The impact of the PIP refusal has meant that his wife has had to remain in work for two years rather than be his full-time carer and able to get Carers Allowance after 26 weeks. I would be grateful for any thoughts on this appeal and has there been any other cases dealing with the PIP PPT.

Thanks,

Might it be worthwhile taking the DWP’s refusal of your FOI to the Information Commissioner?