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Moving back to UK

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4 years 7 months ago #236011 by Leofwen
Moving back to UK was created by Leofwen
Hi there
I have been living outside of UK for the last 5 years and am going to be moving back in November. Prior to leaving UK i was on DLA high rates for living and mobility and had a motability car. During the DLA to PIP transition I had to go to tribunal and was reduced to standard daily living and lost mobility as it is not payable in Europe. The tribunal in their findings advised that as I was not living in the UK I could not claim mobility, however they specifically said I was entitled to it. They did not say at what rate .
My query is , when I return and notify the DWP of this fact . How do I claim the mobility component of PIP. Do I have to apply for the whole lot again, or can I ask for the tribunal findings to be implemented. I am worried about having to go through all the stress of an almost two year process to claim PIP . It was a nightmare. My current claim is until 2024.

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4 years 7 months ago #236015 by BIS
Replied by BIS on topic Moving back to UK
Hi Leofwen

You will need to contact the DWP and tell them of a change of circumstances - ie - you are back in the country and this will automatically trigger a review of your claim. At that point you can claim for mobility. Although you will be able to state what the tribunal said at the time and show the ruling in your evidence, they are unlikely to give it to you without a reassessment - because of the time-lapse - especially as the tribunal did not even say standard or enhanced.

BIS

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

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4 years 7 months ago #236081 by Battlezone
Replied by Battlezone on topic Moving back to UK
I have been in this exact same position with my son returning to the UK. I have posted a thread which details my experience.

If you want to claim Mobility Component on your return, it will be classified as a CofC. This means that the whole process will have to start again with another f2f. There is also a chance they will stop all payments until a new decision has been made.

I informed the DWP that I didn't want to claim Mobility Component for my son on his return to the UK, therefore there was no CofC, but they still stopped my son's PIP. He had to fill out new forms and attend another f2f.

I received many letters from the complaints section, including one that said my son had been overpaid, and basically as it was their error, they will not ask for the money back!

It took 4 months, but I finally received a phone call saying it was their error my son's PIP had been stopped, as there was no CofC. The DWP ”had failed considerably in their customer service”. They cancelled his ”new” PIP application. I was really upset that my son had to go through another f2f which was totally unnecessary.

I suggest you get something in writing from the Exportability Team. But I have to be honest and say when I spoke to them, they also gave me incorrect information.

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4 years 7 months ago #236256 by Leofwen
Replied by Leofwen on topic Moving back to UK
Thankyou
Nothing is ever easy or straightforward. I feel sick thinking about dealing with DWP again. The battle to get my PIP and the tribunal process is not something I want to repeat .
Ho hum, it is what it is

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