FT Appeal – PIP and Isle of Man

Morning folks

I have had a novel (at least from my experience) case dropped on our service with a very short turnaround time. I suspect that I already know the answer to my query, but would value a second outlook.

I have a client who had moved to her home county (in the UK) in 2019 following an 8-year residence in the Isle of Man. Upon arriving home, the client claimed PIP. They were refused based on not meeting the points threshold for either components, and they then took this to Tribunal.

My understanding is that the client was successful, but they claim that the DWP had “backtracked”. Instead of awarding my client from 2019, they were instead awarded from 2021 (presumably under the past presence rule). Without sight of the judgment, I cannot determine if there was more to the appeal than simply not meeting the points threshold.

I would really value clarification on s.16 of the Regs. 16(a) and (b) explicitly states GB, but (c) makes a distinction of UK and crucially the Isle of Man. Could my client have failed the past presence test in this scenario?

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