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Absence from UK and DLA to PIP


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Legal team Disability Law Service London

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Joined: 1 June 2017

Any help much appreciated.

Client was out of country in Greece for 56 weeks, returned to GB in June. Was in receipt of DLA before they left but could not specify how long would be out of the country for at the time she contacted the DWP but she did notify them she was leaving. Reason was to visit family and not to receive any form of medical treatment.

Having returned to England was told that she would now have to apply for PIP and did not satisfy the past presence test as has not been present for 2 out of the previous 3 years (she has gone over this by 4 weeks).

Has been told will have to wait until 2019 until she can apply for PIP and now not in receipt of any benefits.

Her absence could not be classed as temporary because she was out of the country for more than 52 weeks- is there any way the co-ordination rules could apply here in order to allow her time spent in Greece (the overstay of 4 weeks) to count towards satisfying the past presence test as it is another EU member state in order to allow her to apply for PIP now? She was not in receipt of any benefits in Greece and was staying with family.

Is there anything else she may be able to do?