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PIP Past Presence rules

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Generalist team - Hammersmith & Fulham CAB

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Am I missing something? Client is Syrian national who came to UK in Feb 2018 as a family member of an EEA national and was granted Leave to Remain until 2023. He applied for PIP in April 2020 but was turned down in a decision of 17/11/20 on the grounds of being subject to immigration control and not having lived in UK for more than one of the past 3 years. In Dec 2020 he challenged the decision, pointing out that he had LTR since Feb 2018 and had lived in UK for almost 3 years. He did not receive a MRN decision until last month 29/10/21 when he was awarded PIP DL & Mob but only from April 2021 onwards. We’ve helped client write a letter asking for clarification of the date - why not from April 2020 when he applied? - but it would be useful to have clarification from this forum. Thank you.

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Sunderland West Advice Project

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surely in 2020 he had only lived in UK 2 years and 2 months??

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Welfare rights adviser - Social Inclusion Unit, Swansea

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benefitsadviser - 19 November 2021 01:44 PM

surely in 2020 he had only lived in UK 2 years and 2 months??

But wouldn’t that have been 104 of the last 156 weeks?

Mr Jim
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Asylum & Roma Team, Social Work Services, Glasgow City Council

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Also, it would depend on what type of leave to remain he was given - if refugee leave to remain he may be exempt from the past presence test.