Habitual Residency & PIP

poppy12345

Alice_Holt said:

This isn't specifically related to PIP:
https://www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence
But may possibly be worth further investigation.
However, note that it states "and you have no money to support yourself" which would not be case with your friend as she is claiming UC.

For PIP the past presence test is that you have been present in GB for not less than 104 weeks in the last 156 weeks.
Exceptions apply to:
a) terminally ill claimants,
b) those granted refugee leave or humanitarian protection.

I would suggest you focus on what is meant by "humanitarian protection", and whether this can be gained by completing the above application, whether it can be applied to DV, or how else it can be obtained (possibly through the home office?).  I don't know the answer to this, but your friend could enquire via the DWP, her MP, charities helping those suffering DV, etc.

It may well be a wild goose chase, but it's the best possibility I can offer.

I think you should take note of the part in bold that's highlighted in Alice's comment, paying particular attention to the humanitarian protection part. This is where you'll likely need expert advice rather then an internet forum. Pointless starting another claim once the MR has been requested because this way you're just going round in circles because another claim is just going to be refused based on the past test as previously mentioned.

[Deleted User]

 Humanitarian protection is a specific type of leave to enter the UK that is given to asylum seekers. 

A uk citizen can not be given this. 

https://www.gov.uk/government/publications/humanitarian-protection-instruction

calcotti

leftholdingthebaby123 said:

Then why does it quote that she may now be habitually resident in their blog?  

The bit you have highlighted says

You may qualify on a new claim because your circumstances have changed – for example simply living here for longer may mean you are accepted as having resided here for an ‘appreciable period.

In your case that doesn't appear to be the case.

leftholdingthebaby123

Sorry because my friend has confused me, PIP have said that she has to appeal to an Independent Tribunal, so without my knowledge (my friend is mentally confused) she must have telephoned them and done an MR on the phone.  So I have now got all the evidence to bang off an Appeal as to why she had to flee Turkey for fear of her life, from her Turkish Lawyer, Victim Support, the British Police.

But .... I am still confused myself as to whether she should now apply again for PIP whilst the matter is going to the hands of the Tribunal Service.  Any advice please?  Once again, sorry for the confusion.

poppy12345

leftholdingthebaby123 said:

But .... I am still confused myself as to whether she should now apply again for PIP whilst the matter is going to the hands of the Tribunal Service.  Any advice please?  Once again, sorry for the confusion.

Not sure what the confusion is about to be honest. There's absolutely no need to re-apply because you'll just be going round in circles as she's likely to be refused again based on the past test "2 out of the past 3 years" in the UK, which she hasn't been.

If she's been through the MR process then it's Tribunal. You'll know if the MR has been done because she should have a letter with the MR decision.

Edit to add, you should get further expert advice before requesting the Tribunal because there's no point in wasting time doing this if it's not possible for her to claim PIP until she's been here for 2 out of the past 3 years.

leftholdingthebaby123

She is mentally disabled and does things I don't know about and there may be letters I don't know about.  I am not a benefits expert, that's why I am asking questions on here.  It does state to apply again if denied - but at what stage.  It's pointless asking her and she hasn't got the capacity to answer my questions or makes it up as she goes along.  I'm stressed by all this myself.  She does have a very strong case and I have the paperwork relating to her fleeing from Turkey, including threats to kill etc.  This woman is very sick, mentally and physically and I am having to pick up the pieces and try to sort out care from her UC50.  If she had stayed in Turkey she would be dead now.

poppy12345

leftholdingthebaby123 said:

  It does state to apply again if denied

Anyone can reapply at anytime but as advised if she does then she's just going to keep being refused again and again and this is just a waste of everyone's time.

In some cases it's just not possible to give such advice on an internet forum because it's too complex. Use this link to get further expert advice. https://advicelocal.uk/