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PIP for British Citizens in receipt of EU Benefit

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4 years 3 weeks ago #258025 by AdrianC
Hello, I am currently making a PIP claim. At the first telephone interview I answered yes to if I was in receipt of an overseas benefit.
My last job was in the Republic of Ireland ( 2009 to 2018) and is where I paid my national insurance ( PRSI in Ireland) but have never been an Irish resident and used to commute on a weekly basis.
In 2018 after being sick for 2 years I was awarded an Irish Invalidity Pension which pays weekly until I am 66 when under Irish rules I automatically transfer to an Irish old age pension ( I know that my state pension will not be simple either).
After completion of the telephone initial application for PIP I received a call from the DWP asking for further details about the pension I was receiving from Ireland which I duly gave them. After several months, despite a chasing call I had not heard anything further and in my last call a couple of weeks ago it seemed the situation had not been resolved and they were not sure if I was eligible or not.
What I am really after is the higher mobility payment and on looking into this find that the mobility element of PIP is a UK only benefit and is not duplicated by any other EU states, there was an EU court ruling on this I believe, I am also aware that the PIP award is not means tested. Even though I haven't worked since 2015 I have not attempted to claim any form of benefit in the UK I had thought abut PIP in 2018 but given its reputation of being difficult to get just couldn't face the hassle.
Even though my situation is unusual I cant believe that nobody else has been in the same position and if someone with direct experience of this could give me what the outcome was in their case I would be grateful.

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4 years 2 weeks ago #258048 by Gary
Hi Adrian

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

To claim PIP, you usually need to have lived in England, Scotland or Wales for at least 2 of the last 3 years, and be in one of these countries when you apply.

You maybe able to find more information on the EU ruling on either on www.bailii.org or pipinfo.net.

You are correct when you say PIP is not means tested. PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. Have a look at our PIP Claim guide for a better understanding of the criteria you will need to meet.

www.benefitsandwork.co.uk/help-for-claimants/pip

Read about the reliability element in the guide - if you cannot do something:

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.

then you should not be considered able to do the activity.

If you have any further questions, then please return to the forum.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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