Questioning

Hello,
I have a question that I thought you might be able to help:
here is a brief explanation of the situation; My Mother`s claim for PIP was successful and on the award letter dated March 2016 it said the case manager did not need to review the case until 2020. Now they stopped her claim as of 13 March this year because her leave to remain was expired. However when we contacted the DWP and explained that her solicitor had submitted an application to home office for the extension of her visa, The DWP told us that the original case manager had made a mistake and the award should have been granted until the 13th March as this was the date of expiry of LTR. The person we spoke to advised that she would request for a reconsideration but her gut feelings was that it would not be successful and that my mother should make a new claim, although they may not process it until she receives a decision from Home Office!
We contacted the local advice centre and the advice they give is that if the application for extension of visa was submitted before the LTR expired then her entitlement to benefit should not be effected while she is waiting for a decision form the Home Office. Her solicitor also advises the same thing and tells us that the DWP should not stop her PIP because the Home Office may take over 6 months to make a decision.
My mother was awarded the enhanced rate of the PIP because of her severe physical and mental disability.

I would be grateful if you could explain if there are any legislation within DWP with regards to a claimant`s PIP entitlement in a situation like this: when their claim was originally accepted and there were no immigration restrictions on their entitlement for benefit and now that they apply in time for the extension of their visa how this should effect their entitlement while they are waiting for a decision form Home Office.

Thank you

Hello Gordon,
I will definitely look into the FAQ link so that in future I will not cause confusion by posting in the wrong topic.

Here is the link to the advice centre page that advised about the right to benefit while waiting for a decision form Home Office:

www.citizensadvice.org.uk/immigration/pr...cuments/visa-delays/


I am wondering in the case that problem with immigration status is resolved could the DWP are right in saying that the original case manager made a mistake about saying no need to review until 2021 writing in the original award letter? the DWP is now asking her to make a new claim but they also said because she is now 65 years old if there is over 12 weeks gap between the date her PIP coming to end and making a new claim then she can`t apply for PIP and should apply for Attendance Allowance.

Thank you in advance for any help and advice.