HRA v Secretary of State for Work and Pensions (PIP): [2023] UKUT 109 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 11 May 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 26 May 2023

• Categories: Personal independence payment – general, Residence and presence conditions, Tribunal procedure and practice
• Sub-categories: Residence and presence conditions - presence, Tribunal procedure and practice - leave/permission to appeal
• Judges: Wikeley, N
• Decision date: 11 May 2023

Read the full decision in UA-2022-001458-PIP.

Judicial Summary

Claimant, a dual British-Afghan national, refused Personal Independence Payment as he had not been present in GB for 104 weeks out of the previous 156 weeks - Reason for absence was that he was incarcerated for several years in high security prison in Kabul following conviction for what he claimed were trumped up corruption charges - Whether able to claim exception from past presence test - PIP Regulations 2013, regulation 16(b) and regs 17-23A - FM v SSWP (DLA) [2017] UKUT 380 (AAC) [2019] AACR 9 considered

Published 26 May 2023