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Claimant, a dual British-Afghan national, refused Personal Independence Payment as he had not been present in GB for 104 weeks out of the previous 156 weeks - Reason for absence was that he
was incarcerated for several years in high security prison in Kabul following conviction for what he claimed were trumped up corruption charges - Whether able to claim exception from past
presence test - PIP Regulations 2013, regulation 16(b) and regs 17-23A - FM v SSWP (DLA) [2017] UKUT 380 (AAC) [2019] AACR 9 considered