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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP and leave to remain ending

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Hi there, I have a client who leave to remain ends on 25/11/23 therefore her PIIP is ending also. I’m hoping to get our immigration department to support her in applying for indefinite leave to remain.
She has been given a letter from PIP advising that if she wants to claim PIP again after that date she needs to make a fresh claim. Should I be doing this now? Thank you in advance.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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I would do it now but I don’t think her PIP should end just because her leave to remain is due to end. (She should apply for a variation of her leave before it ends in any case)

I recently won a a PIP appeal on this very issue

[ Edited: 10 Oct 2023 at 02:40 pm by Stainsby ]

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JPCHC
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Cardinal Hume Centre - Welfare Rights

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It’s infuriating (and wrong, in my view!).  But we have had a quite a few like this recently and in all cases, PIP have agreed to extend the existing PIP award after I’ve called, rather than insisting on a new claim.

Once the HO application has gone in, I’ve called PIP and asked to speak to the Case Manager and explained they’ll have continuing leave/entitlement to benefits whilst they wait etc.  I’ve then sent proof of the in-time application and followed up with a call and they’ve agreed 12 month extensions (to allow time for the HO to decide the application). 

The Public Law Project were looking at this issue too…

Elliot Kent
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Shelter

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My experience is as per JPCHC; it gets fairly painlessly extended once the application to vary the leave is made and leave is therefore extended under s.3C.

In Derek’s case, I find it odd that the DWP didn’t just explain their decision making on the basis that they were superseding for expected change in circs.

Dan Manville
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Greater Manchester Law Centre

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The guidance on these cases is that the period of the award should be set to when the LLR ends, however I’ve seen a few of these and the guidance is rarely followed.

I’d love to see a few appeals of initial decisions limiting the period to the period of LLR.

Rachel1
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North East Law Centre, Newcastle upon Tyne

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JPCHC - 11 October 2023 10:43 AM

It’s infuriating (and wrong, in my view!).  But we have had a quite a few like this recently and in all cases, PIP have agreed to extend the existing PIP award after I’ve called, rather than insisting on a new claim.

Once the HO application has gone in, I’ve called PIP and asked to speak to the Case Manager and explained they’ll have continuing leave/entitlement to benefits whilst they wait etc.  I’ve then sent proof of the in-time application and followed up with a call and they’ve agreed 12 month extensions (to allow time for the HO to decide the application). 

The Public Law Project
were looking at this issue too…

Hi there, I hope you don’t mind me messaging you months later but I was wondering if you’d be able to advise or signpost as to who could advise?


I had called and asked for advise before then and they told me to simply send the Set P form in and the claim would continue. We did this bit her PIP stopped anyway! I tried to call on her behalf and they claimed ignorance and said they’d get a case manager involved and called me back. They didn’t call me back at all but called the client asking to see a copy of her BRP card. Client sent it in and she’s still not getting her PIP. Client called PIP and they said they need to talk to the home office first?! I’m a hair away from doing an official complaint and getting her MP involved but I’m perplexed as to what they could possibly want/need from the Home Office given that we have provided everything relevant. Thank you for your time, Any help would be great but please don’t worry if you miss this. I’m trying to contact the CPAG adviser line as they don’t take PIP queries via email. Thanks again.