PIP denied to disabled

dylanzmum

Thanks for reading this, maybe someone can help us. My partner suffered a bilateral subdural heamatoma in October 2017, after 3 brain ops including a crainiotomy, almost dying, he spent weeks in ICU and months in a brain injury rehab unit until he was allowed home and we were advised by the rehab unit to claim PIP for my partner and carers allowance for me on his release in February this year, we had used all our savings during this time on daily childcare for months to enable me to be by my partners side at his lowest times, the daily visits to hospital and rehab for 5 months. My partners claim for PIP was disallowed. Due to my partner being from Jamaica, originally having come here in 1989 to be with his, then wife and their first child on a temporary visa, 6 months later in 1990 he attended a meeting at the home office and was granted Indefinite Leave to Remain, this was almost 30 years ago and the passport that was stamped in 1990 with ILR has been lost/stolen since and all attempts to gain information from the home office (subject access request) to confirm my partners legality in this country has resulted in them saying there is "no record" of my partner, this cannot be true. My partner votes in this country, he has been living and working here for almost 30 years, we have a joint claim for ESA and housing benefit, we are also on the housing list, he gets free nhs and dental treatment as he should do, as he is in this country legally. He is entitled to all this but PIP still insist on proof from ukvi which is proving impossible due to their lack of record keeping. We have had no help from anyone to ease the added financial burden of my partners brain injury. My partner has a life changing disability for our whole family including our 3 year old son have been left struggling financially and are desperate, does anyone out there have any helpful suggestions please???

[Deleted User]

Sorry I gave up trying to read this as its just a solid block of print,if you click on "edit" post you could split it into paragraphs.

pmlindyloo

Have you got copies of the old passport? Did you have to show this for your ESA/HB application? If so then they may provide a copy for you.

If you have a copy then you then you could try sending this to the Home Office and asking them to write a letter confirming that your husband's records have been lost but confirm that the copy of the old passport also confirms that he has indefinite leave to remain.

Since you have been awarded ESA and HB then just this information alone should be sufficient for the PIP application. Have you sent them copies of the awards?

An immigration solicitor may help or, if all else fails, then contact your local MP.

pmlindyloo

venison wrote: »

Sorry I gave up trying to read this as its just a solid block of print,if you click on "edit" post you could split it into paragraphs.

A bit mean, it's not that long. Have a heart or split it up for the OP.

Afraid_of_Kittens

Would his ex wife have any documentation she might have kept?

Has he ever used a solicitor in the past 30 years where copies of his documentation may have been kept? Although there is no requirement to keep files over 6 years old - some do.

pmlindyloo

dylanzmum wrote: »

Thanks for reading this, maybe someone can help us.
My partner suffered a bilateral subdural heamatoma in October 2017, after 3 brain ops including a crainiotomy, almost dying, he spent weeks in ICU and months in a brain injury rehab unit until he was allowed home.

we were advised by the rehab unit to claim PIP for my partner and carers allowance for me on his release in February this year,

we had used all our savings during this time on daily childcare for months to enable me to be by my partners side at his lowest times, the daily visits to hospital and rehab for 5 months.

My partners claim for PIP was disallowed...…...
due to my partner being from Jamaica, originally having come here in 1989 to be with his, then wife and their first child on a temporary visa.
6 months later in 1990 he attended a meeting at the home office and was granted Indefinite Leave to Remain.

this was almost 30 years ago and the passport that was stamped in 1990 with ILR has been lost/stolen since and all attempts to gain information from the home office (subject access request) to confirm my partners legality in this country has resulted in them saying there is "no record" of my partner.

This cannot be true. My partner votes in this country, he has been living and working here for almost 30 years,

we have a joint claim for ESA and housing benefit, we are also on the housing list, he gets free nhs and dental treatment as he should do, as he is in this country legally.

He is entitled to all this but PIP still insist on proof from ukvi which is proving impossible due to their lack of record keeping.

We have had no help from anyone to ease the added financial burden of my partners brain injury. My partner has a life changing disability for our whole family including our 3 year old son have been left struggling financially and are desperate, does anyone out there have any helpful suggestions please???

Does that help?

xylophone

Contact your MP.

[Deleted User]

Bit stupid not to obtain proof of residence long time ago given the climate on foreigners.

Cant really blame the system. I don't want people not entitled to be given benefits.

tomtom256

Was/is he part of the windrush saga? Sorry don't what years are involved in that.

Alice_Holt

For PIP you need to show:
you have lived in England, Scotland or Wales for at least 2 years.

When was his claim disallowed?

I would challenge the decision by MR, and provide evidence that he has been resident for 2 years.
Possibly could be electoral roll, NI records, GP registration, Housing benefit, etc, P45's , P60's etc, Income Tax records, Confirmation by a professional such as a GP. etc.

Maybe get help from your local advice agency / CAB.

But do appeal it - that is the first thing to do (if within the time limits),

OhWow

Alice_Holt wrote: »

For PIP you need to show:
you have lived in England, Scotland or Wales for at least 2 years.

And prove that he holds a valid ILR (Indefinite Leave to Remain) visa, which he doesn't seem to be able to do. Those with a valid ILR can have UK benefits.

He also needs a visa to be lawfully in the UK.