Is there a 2 year wait, before you can apply for PIP again after residency fail?

peteuk

If you’ve recently returned from living abroad

To apply for PIP, you usually need to:

• have lived in England, Scotland or Wales for at least 2 of the last 3 years
• be living in England or Wales when you apply

There’s nothing stopping you reapplying, you’ve been in the UK 1.6 yrs, but until you hit the two year point your application should fail. At the two year point you will have been in the UK for two of the last three years so your application should move forward.

At that point you’ll be sent a questionnaire and undergo an assessment. At which point a decision will be made as if you reach the threshold for PIP.

In the posts you’ve made, you’ve not mentioned any conditions which makes it hard for us to advise you further on PIP, other than the residency rules.

marcia_

https://forums.moneysavingexpert.com/discussion/comment/82052625#Comment_82052625

it's likely a civil servant at the DWP didn't know the criteria, they are not benefits advisors they are working from scripts. Even on the off chance one did know it's not their job to advise you that's what citizens advice and the likes are for.
Everyone in all circumstances wait a long time for a tribunal because there is a huge backlog, it's nothing about you or your reasons for taking it to tribunal

Muttleythefrog

As above… it's unfortunate the other threads have been lost. However what we know is soon you'll meet the 2 of last 3 year rule - if you think you meet the other criteria for PIP then apply… otherwise don't waste your efforts.

Regarding the appeal…as I say it seems unclear to me why you weren't earlier found ineligible due to the residence requirement and so it came as surprise later at appeal. I presume you initially failed to score enough points for award? If you want to argue special circumstances apply and so the residence test should not be applied then I think that's an uphill battle… from memory you seem to have suggested you have no evidence whatsoever that special circumstances apply other than what you say… but you'll need specialist legal advice or an MP involvement I think to take that further. And frankly if you lack evidence of the claimed enduring serious crimes committed against you abroad then that could be a problem. At the end of the day however make sure any fight is worth it - we have no indication as to whether you would ordinarily qualify for PIP based on disablement and of course we don't determine whether you do anyway.

Ultimately you have not lost out on any PIP monies as it stands because you've not been eligible for PIP at least regarding the residence test…that's the current position. And there's next to no indication you would overcome the residence test - you have avoided reference to any evidence (the sorts of which have been detailed) which would be required to make a case the residency rule should not be applied to you. "but just because I appealed I lost 1.5 years of PIP" doesn't make sense… your appeal has just confirmed ineligibility and you still remain ineligible for a few more months.

peteuk

https://forums.moneysavingexpert.com/discussion/comment/82052625#Comment_82052625

If an appeal is successful then the PIP award is back dated, so please dont think they are dragging this out to save money.

Candy2003

https://forums.moneysavingexpert.com/discussion/comment/82052876#Comment_82052876

you are right I thought u might have been having a trololol

so I came back in Jan 2025 that means I have to wait about 5 - 6 months right? Im not that bad at math but the phone guy was, he miscalculated and assured me of the wrong date

i may have got my residency letter later but he said that doesn't affect the 2 year rule?

NedS

I may have got my residency letter later but he said that doesn't affect the 2 year rule?

The date you entered the country is the relevant date. Make sure you can evidence this date if required, evidence of flights, banking transactions in the UK etc.

Candy2003

https://forums.moneysavingexpert.com/discussion/comment/82065725#Comment_82065725

thanks friend !

elsien

If you start getting political again, you run the risk of this thread being removed as well. You have not convinced them about your reasons for being out of the country for so long. It really is that simple.

NedS

A reminder of forum rules and not to stray into discussing policy. Thanks.

Muttleythefrog

As above… you run risk of getting your own thread again removed. So let's focus back on some helpful stuff.

It sounds like you are conceding there is no way forward regarding overcoming the residence test due to special circumstances applying - that's my take based on absolutely no evidence you've discussed that would assist such a case. I'm not detecting any serious intent to take that complex possibility forward.

So my advice now would be. Strongly and critically assess yourself against the activity descriptors and honestly apply the correct ones. Work out if award should be made (i.e. you meet at least 8 points of either Daily Living or Mobility components).

If award should be made then start considering your evidence options ahead of applying when the 2 years residence requirement is met. This is time you could be bolstering and preparing your application. You have not given details as far as I can tell regarding what the DWP initially scored you when you applied (I assume you failed to get award on grounds other than the residence requirement as that came as surprise to you at appeal) but you should examine if anything went particularly wrong or was misunderstood in terms of your disablements you were trying to detail and get points awarded for. I would also request a copy (from DWP PIP helpline) of the assessor's report too assuming you had assessment. Get hold of any medical reports, letters or documents that are consistent with claimed problems as minimum… even better if they describe relevant disablements or difficulties. If you have ongoing problems with health, mental or physical, naturally advice would be to pursue such with appropriate medical professionals or whomever they refer you on to and retain documents relating to all such. PIP is awarded based on disablements in relation to the 12 activities looked at… however things like diagnosis documents can be important as they can underpin not just your declaration of health conditions but help assist and justify explanation of disablements.

Crucially to get award I think you might need focus… don't argue about the rules of the game.. play the game.. focus on the what you should score, how you will score, how you will evidence you score and how you will describe your disablements relevantly so they understand you should suitably be awarded the correct descriptors. Imagine getting PIP a bit like pushing a supermarket trolley… it never seems to quite go in the direction you actually want it to but with plenty careful guidance and effort you can get it to go down the right aisle and not have some disaster.