PIP payment stopped on 18th birthday

Apologies for the length of my query, but I have added history to provide some additional information.

18 August 2017 - I applied for PIP for my son, aged 17, based on my NI contributions. At the time of application we lived in Spain and I am in receipt of CB ESA.

30 July 2018 - My son permanently returned to the UK – DWP informed.

15 September 2018 - Decision awarded Enhanced Care Component. I was informed by Exportability team that my son’s PIP would not stop on his 18th birthday as he had returned to the UK and no longer lived in Spain, a new review date of 30/09/2022 was given.

05 November 2018 - Received PIP2 form. Phoned PIP and was told mistake.

29 March 2019 - Letter from PIP stopping payments because PIP2 had not been received. I was told the only way to get his case reopened was to complete the PIP2 form received in November and/or appeal against the decision made on 29 March 2019.

5 ApApologies for the length of my query, but I have added history to provide some additional information.

18 August 2017 - I applied for PIP for my son, aged 17, based on my NI contributions. At the time of application we lived in Spain and I am in receipt of CB ESA.

30 July 2018 - My son permanently returned to the UK – DWP informed.

15 September 2018 - Decision awarded Enhanced Care Component. I was informed by Exportability team that my son’s PIP would not stop on his 18th birthday as he had returned to the UK and no longer lived in Spain, a new review date of 30/09/2022 was given.

05 November 2018 - Received PIP2 form. Phoned PIP and was told mistake.

29 March 2019 - Letter from PIP stopping payments because PIP2 had not been received. I was told the only way to get his case reopened was to complete the PIP2 form received in November and/or appeal against the decision made on 29 March 2019.

5 April 2019 - Appealed against letter of 29 March 2019 cancelling PIP. New PIP2 completed and received by DWP. As my son's previous Legal Appointee, up to 12 June 2019, the DWP sent all correspondence to my son's address, and not mine. Hence I never received all the correct information.

17 May 2019 - Called PIP. Informed Appeal against letter of 29 March 2019 had been refused on 14 May 2019, reference stopping my son's PIP. My son's claim would start again with the PIP2 form received on 5 April 2019. My son’s paperwork would have to go through the whole process again, including another Health Assessment, only months after the last one.

18 May 2019 - Letter of Complaint sent including proof of review date of 30/09/2022.

12 June 2019 - Visit from Visiting Officer who informed me that she was removing me as legal appointee for my son. My son is mentally capable of dealing with day to day life, but not when it comes to the DWP.

13 June 2019 - Received telephone call from PIP saying that the Appeal, with reference to letter of 29 March 2019, had been denied - despite already being told this. Option given of Tribunal. As a new PIP2 had been submitted on 5 April decided to move forward with new claim.

14 June 2019 - Received letter dated 13 June saying:

Personal Independence Payment
Your Personal Independence Payment claim will continue.

Dear Mr XXX
The decision made on 14 May 2019 has been superseded. I have now accepted the reasons for your form being returned late.
Your PIP review

We will still need to make sure you're getting the right amount of help. This is called a PIP review and we need your help with this.

We will arrange a face-to-face assessment for you.

Yours sincerely
Office Manager

I telephoned PIP on 17 June. They informed that the supersession did not mean that his PIP had been reinstated from 29 March 2019.

They have recently told me that, even though my son had returned to live in the UK, his PIP should have stopped on his 18th birthday. Despite on the SAR information received, giving a review date of 30/09/2022. DWP admit it was their error that he continued to receive PIP up to the letter of 29 March.

Today 19 June he received a PIP payment, £12.32. I am really confused because, despite writing to DWP Complaints, they will not tell me what legislation they are following concerning my son, and stopping his PIP on his 18th birthday. And the fact that he has to make a new claim, when the decision was only made last September. The only legislation I think that this would come under is the Past Presence Test.

Past presence test deemed to be met C2134 The past presence test is deemed to be met for certain categories of claimant who are EEA nationals and who demonstrate a sufficient link to the UK in another way. The following groups are not required to satisfy the past presence test at the first date from which benefit could be established if on that date they are:-

1. Current workers (and their family members), whether employed or self employed, who pay UK national insurance contributions. This includes posted workers (see C2135) and frontier workers (see C2136) or

2. People (and their family members) who, although not currently employed, are receiving ESA in the assessment phase or those who continue to be insured for ESA(C) after they cease work

Past Presence Test
1 R(U) 18/60; R(P) 2/67 C2026 The condition is that, with regard to any particular day of potential entitlement to PIP, the claimant must have been present in GB for a period of (or periods totalling) 104 weeks in the 156 weeks immediately preceding that day1.
Note: See C2133 et seq for guidance on the EU rules which allow period abroad to be included as periods of presence in the UK for the purposes of the past presence test.
My son is covered under the PPT by The past presence test is deemed to be met for certain categories of claimant who are EEA nationals and who demonstrate a sufficient link to the UK in another way.

And
2. People (and their family members) who, although not currently employed, are receiving ESA in the assessment phase or those who continue to be insured for ESA(C) after they cease work

All the time we have lived in Spain I have received child benefit and child tax credits, which in my view, gives my son sufficient link to the UK. When he reached 16 his National Insurance number was released.

I know this question is a mess, I’m sorry, but I need to know what legislation the DWP have applied to stop my son’s PIP on his 18th birthday, and then to make him reapply 3 months after the decision was made. And then have to go through another health assessment. He lived in the UK when the decision was made in September 2018, and they know this.

5 April 2019 - Appealed against letter of 29 March 2019 cancelling PIP. New PIP2 completed and received by DWP. As my son's previous Legal Appointee, up to 12 June 2019, the DWP sent all correspondence to my son's address, and not mine. Hence I never received all the correct information.

17 May 2019 - Called PIP. Informed Appeal against letter of 29 March 2019 had been refused on 14 May 2019, reference stopping my son's PIP. My son's claim would start again with the PIP2 form received on 5 April 2019. My son’s paperwork would have to go through the whole process again, including another Health Assessment, only months after the last one.

18 May 2019 - Letter of Complaint sent including proof of review date of 30/09/2022.

12 June 2019 - Visit from Visiting Officer who informed me that she was removing me as legal appointee for my son. My son is mentally capable of dealing with day to day life, but not when it comes to the DWP.

13 June 2019 - Received telephone call from PIP saying that the Appeal, with reference to letter of 29 March 2019, had been denied - despite already being told this. Option given of Tribunal. As a new PIP2 had been submitted on 5 April decided to move forward with new claim.

14 June 2019 - Received letter dated 13 June saying:

Personal Independence Payment
Your Personal Independence Payment claim will continue.

Dear Mr XXX
The decision made on 14 May 2019 has been superseded. I have now accepted the reasons for your form being returned late.
Your PIP review

We will still need to make sure you're getting the right amount of help. This is called a PIP review and we need your help with this.

We will arrange a face-to-face assessment for you.

Yours sincerely
Office Manager

I telephoned PIP on 17 June. They informed that the supersession did not mean that his PIP had been reinstated from 29 March 2019.

They have recently told me that, even though my son had returned to live in the UK, his PIP should have stopped on his 18th birthday. Despite on the SAR information received, giving a review date of 30/09/2022. DWP admit it was their error that he continued to receive PIP up to the letter of 29 March.

Today 19 June he received a PIP payment, £12.32. I am really confused because, despite writing to DWP Complaints, they will not tell me what legislation they are following concerning my son, and stopping his PIP on his 18th birthday. And the fact that he has to make a new claim, when the decision was only made last September. The only legislation I think that this would come under is the Past Presence Test.

Past presence test deemed to be met C2134 The past presence test is deemed to be met for certain categories of claimant who are EEA nationals and who demonstrate a sufficient link to the UK in another way. The following groups are not required to satisfy the past presence test at the first date from which benefit could be established if on that date they are:-

1. Current workers (and their family members), whether employed or self employed, who pay UK national insurance contributions. This includes posted workers (see C2135) and frontier workers (see C2136) or

2. People (and their family members) who, although not currently employed, are receiving ESA in the assessment phase or those who continue to be insured for ESA(C) after they cease work

Past Presence Test
1 R(U) 18/60; R(P) 2/67 C2026 The condition is that, with regard to any particular day of potential entitlement to PIP, the claimant must have been present in GB for a period of (or periods totalling) 104 weeks in the 156 weeks immediately preceding that day1.
Note: See C2133 et seq for guidance on the EU rules which allow period abroad to be included as periods of presence in the UK for the purposes of the past presence test.
My son is covered under the PPT by The past presence test is deemed to be met for certain categories of claimant who are EEA nationals and who demonstrate a sufficient link to the UK in another way.

And
2. People (and their family members) who, although not currently employed, are receiving ESA in the assessment phase or those who continue to be insured for ESA(C) after they cease work

All the time we have lived in Spain I have received child benefit and child tax credits, which in my view, gives my son sufficient link to the UK. When he reached 16 his National Insurance number was released.

I know this question is a mess, I’m sorry, but I need to know what legislation the DWP have applied to stop my son’s PIP on his 18th birthday, and then to make him reapply 3 months after the decision was made. And then have to go through another health assessment. He lived in the UK when the decision was made in September 2018, and they know this.

His award, from SAR information, was to 30 September 2022. But the DWP insist, as he returned to the UK from Spain in July 2018, his PIP would stop on his 18th birthday, and a new PIP2 form had to be completed. I just wanted to know if anyone knew of the legislation involved with reference to someone covered by Exportabiity Team, but returns from the EU to the UK, and their PIP review date changed to their 18th birthday.

I knew my original post was too long, sorry.