Time abroad - aggregated? Claimant coming and going!

I always struggle with this!  Client’s temp absence is always less than 13 weeks at a time and she comes and goes throughout the year.  PIP have now refused stating that her absence has exceeded 52 weeks.  Do they add up all the absences? Regs state that a temporary absence cannot exceed 52 weeks but she hasn’t had a temp absence of more than 13 weeks each time.  No medical treatment, just the warmer climate helps her condition.

I’m sure that I have read on Rightsnet before that they add up the time but I might be mistaken.

Many thanks as always!

I’ve had a look at the legislation which, as you say, says claimant is temporarily absent if the absence is unlikely to exceed 52 weeks and that for first 13 weeks of a temporary absence claimant is treated as being in Great Britain - nothing about aggregation - no commentary on the issue in Sweet and Maxwell so I think it should be read as such. As far as I can see it’s just a string of separate temporary absences and nothing to stop her having that.

So I would MR/appeal…

Thanks Daphne. On a separate note, if a temp absence was say 14 weeks does the person have to do a rapid reclaim or would they only be paid for 13 weeks. Don’t know why this always hurts my brain!

I think it would have to be a rapid reclaim as once they go past 13 weeks they are no longer treated as in Great Britain and therefore do not meet the entitlement conditions so the claim ends. CPAG pg 1615 confirms that so long as within 12 months then can be rapid reclaim based on info from last claim if needs have not changed.

Just read the Hansard bit but thank you for clarifying!
Cheers Daphne