How does DWP check you have been in UK for 2 of last 3 yrs for PIP?

Dimang

Hi everyone,
I have been considering applying for PIP and the main thing that has been stopping me from doing so is the fact that I have not been in England, Wales or Scotland for 2 of the last 3 years, which is one of the conditions that makes claimants eligible. I have been in England for 22 months and 1 week  out of the last 3 years. Also, it says:

"To apply for PIP, you USUALLY need to:

• have lived in England, Scotland or Wales for at least 2 of the last 3 years..."

So according to the above wording this does not always have to be the case. What are the exceptions?

I don't want to take any major benefit fraud related risks. 

Would really appreciate any advice on this.  

MW123

@Dimang

To apply for PIP, you USUALLY need to:

• have lived in England, Scotland or Wales for at least 2 of the last 3 years..."

The word "usually" does suggest there may be some exceptions or discretion around this rule in certain cases. You are right to be cautious about benefit fraud.

 My suggestion would be to get definitive clarification from an official source as to whether an exception could be made in your specific circumstances before claiming PIP without meeting the 2-year rule.

An informed, good faith application is better than guessing at possible exceptions.

Dimang

I have initiated the PIP application process by phone. My question has been answered. As long as the absence from the country was temporary and you were intending to come back, you are ok to apply. 

poppy123456

Anyone can apply for PIP. I'm unsure if this is entirely correct though. 

Dimang said:

As long as the absence from the country was temporary and you were intending to come back, you are ok to apply. 

It will be down to a decision maker to make the final decision if there's an award. You're almost at the 2 year point anyway so the worst that can happen is your claim doesn't start from when you rang to start your claim, it will be from when you were in the UK for 2 years. (if successfully awarded of course)

JessieJ

You can put your claim in now, if successful, it will start from the day after your 24months back in the UK. So if your two years is up on the 1st, your claim & payments start from the 2nd. That is how it worked for me, as I was abroad for personal family reasons & then got trapped there because of Covid, so had to reapply, waiting the two years.

Dimang

poppy123456 said:

Anyone can apply for PIP. I'm unsure if this is entirely correct though. 

Dimang said:

As long as the absence from the country was temporary and you were intending to come back, you are ok to apply. 

It will be down to a decision maker to make the final decision if there's an award. You're almost at the 2 year point anyway so the worst that can happen is your claim doesn't start from when you rang to start your claim, it will be from when you were in the UK for 2 years. (if successfully awarded of course)

I am also not 100% sure if this is correct. But I think it should be.  Because when I called to initiate the PIP application process (I cannot do it online), I was asked about absences of more than 4 weeks at a time. I then listed them and was asked what the purpose of each one of them was and whether I was intending to come back when leaving Britain. This is literally what was asked. They didn't even ask me if I have been in UK for 2 out of 3 years. 
So the above logic indicates that it may well be correct. 

I had a similar situation with UC. I came back to UK in June 2023 after spending 6.5 months abroad and after reading all the info online it was still unclear whether I have to wait for a few months before applying for UC. But once I initiated the UC application, I was asked about why I went abroad and whether I am intending to stay in UK. And then immediately I have been told that everything if ok in that sense.

Dimang

poppy123456 said:

Anyone can apply for PIP. I'm unsure if this is entirely correct though. 

Dimang said:

As long as the absence from the country was temporary and you were intending to come back, you are ok to apply. 

It will be down to a decision maker to make the final decision if there's an award. You're almost at the 2 year point anyway so the worst that can happen is your claim doesn't start from when you rang to start your claim, it will be from when you were in the UK for 2 years. (if successfully awarded of course)

I am also not 100% sure. 
However, the person on the phone asked me about all my absences that lasted for more than 4 weeks, their purpose, and whether I was intending to come back when crossing the border. He did not ask about the absences that lasted for shorter periods of time, only 4 weeks and above. The ones that lasted for more than 4 weeks do not add up to 1 year actually. So it really is NOT about the total number of days spent in UK in last 3 years.

poppy123456

The person you spoke to on the phone, if they were from PIP then this would have been someone from a call centre, who will have very little experience or knowledge with regards to any benefits. All they do is read from a screen.

UC is a completely different benefit with totally different criteria. 

Dimang said:

poppy123456 said:

Anyone can apply for PIP. I'm unsure if this is entirely correct though. 

Dimang said:

As long as the absence from the country was temporary and you were intending to come back, you are ok to apply. 

It will be down to a decision maker to make the final decision if there's an award. You're almost at the 2 year point anyway so the worst that can happen is your claim doesn't start from when you rang to start your claim, it will be from when you were in the UK for 2 years. (if successfully awarded of course)

So it really is NOT about the total number of days spent in UK in last 3 years.

Not sure how you worked that out but it is about the number of days because it's at least 2 years out of the past 3 years. I stand by what I said and it will be down to a decision maker to make the final decision, if you're successfully awarded.