Hi, my name is MichelleJ1966! Pip assessor refused to speak to me as I'm abroad. Advice needed.

MichelleJ1966
MichelleJ1966 Online Community Member Posts: 3 Listener
edited September 2023 in PIP, DLA, ADP and AA
Im so upset and anxious today. Had my pip assessment by phone today but the lady refused to speak to me as I was in Spain caring for my husband. They know my situation and my struggle with mental health but refused to help me. The pip department said I was able to apply as I have been in the UK for 54 years and always paid ni and tax. My husband gets uk pension and we was stuck in Spain in covid. I have a uk house and pay council tax and bills. My mental health is awful and today has really pushed me over the edge. Any suggestions please 🙏 

Comments

  • Rosie_Scope
    Rosie_Scope Posts: 6,558 Scope Online Community Coordinator
    Hi @MichelleJ1966

    Welcome to the online community :) Sorry to read you're anxious and upset today about your PIP assessment, it can be really stressful to deal with. 

    Just so I can understand properly, are you currently living in Spain with your husband, or are you now back in the UK? 
  • chiarieds
    chiarieds Online Community Member Posts: 17,155 Championing
    Hi @MichelleJ1966 - & welcome to the community. I'm sorry that this happened today. There are regulations that state so long as you haven't been abroad for 13 weeks, you are still considered as residing in the UK as far as PIP goes. However the DWP say you should inform them if you're away for 4 weeks; I don't know if you did inform them, or your stay has been prolonged due to your husband's ill health.
    All is not lost if your stay in Spain hasn't exceeded 13 weeks, as I say. I suggest ringing the PIP enquiry line on 0800 121 4433 in the first instance rather than the health assessors. Unfortunately when you do ring you're just put through to call handlers, who may be unable to help. When you ring say that you need to speak to a case manager, or get them to ring you back, if you feel that those answering the enquiry line are unable to help.
    Hopefully when you speak to a case manager you'll be able to get this sorted. If not say that you'd like them to check the following, which is advice for decision makers, about 'absence from Great Britain,' i.e. ADM Chapter C2 section 2056-2058: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1186065/admc2.pdf
    in particular to check the Social Security Regulations (Personal Independence Payment) 2013 regulation 17 (1) which you can see here: https://www.legislation.gov.uk/uksi/2013/377/regulation/17
    Hopefully they will then ensure that you get another phone assessment.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    MichelleJ1966 said:
     The pip department said I was able to apply as I have been in the UK for 54 years and always paid ni and tax.
    That's very poor advice you've had there from PIP, which doesn't surprise me because it's a call centre you're ringing and they have very little benefits advice. PIP entitlement has nothing to do with any NI or tax you've paid in previous years.

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