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.
Read the full decision in .
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