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Exporting ESA when in the support group

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8 years 7 months ago #140333 by mattwma
I am in the support group for ESA and have been for some time. I get DLA high rate care and mobility. I know I can export my care component to another EU country and I really would like to know if I can do the same with my ESA as the Atos (way back when) agreed I wouldn't be able to return to work at all.

I would just like to know if anyone else in the support has "exported" their ESA using the EU reciprocal agreement regulations.

Please could any other member advise on this
Thanks
Matt
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8 years 7 months ago - 8 years 7 months ago #140335 by Gordon
Replied by Gordon on topic Exporting ESA when in the support group

mattwma wrote: I am in the support group for ESA and have been for some time. I get DLA high rate care and mobility. I know I can export my care component to another EU country and I really would like to know if I can do the same with my ESA as the Atos (way back when) agreed I wouldn't be able to return to work at all.

I would just like to know if anyone else in the support has "exported" their ESA using the EU reciprocal agreement regulations.

Please could any other member advise on this
Thanks
Matt


I'm afraid we don't deal with exporting benefits on the forum.

You can only export Contribution Based ESA, Income Related ESA is not exportable.

You need to contact the DWP Exportability Team, see

www.gov.uk/exportability-team

I have seen it reported that the Government are currently refusing the vast majority, if not all export requests although you can appeal this Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 7 months ago by Gordon.

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8 years 7 months ago #140350 by sally-jane
Replied by sally-jane on topic Exporting ESA when in the support group
Even Cont based ESA SG is no longer exportable, appeals not available either.
Those previously given consent have been withdrawn.
Part of the cut backs and withdrawal procedures to stop Brits from moving to EU, especially to Spain/Portugal etc even if recommended by GP's etc for health reasons.

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8 years 6 months ago #142798 by Fizgog1
Replied by Fizgog1 on topic Exporting ESA when in the support group
Hi, pussycatsmum, do you know if that also includes non- exportability to the Republic of Ireland? I presume it would.

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8 years 6 months ago #142807 by sally-jane
Replied by sally-jane on topic Exporting ESA when in the support group
Hiya
I really do not know and suggest you try and ask someone in the DWP 'unofficially'.
Better still ask your CAB to look into it for you, hopefully they will be able to get you a definitive answer and try and get all the info in writing.
Good luck and keep us posted

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8 years 6 months ago #142809 by sally-jane
Replied by sally-jane on topic Exporting ESA when in the support group
Have found this, not sure if it will help.
contributory ESA post assessment phase can be exported. Post assessment phase ESA is classed as an invalidity benefit (p.1625 of main handbook & p.254 of Mig book) and invalidity benefits can be exported (p.1630 handbook & p266 Migrants Book)

Looking at the info on exporting individual benefits this is also clear in in Migrants Book:

Migrants Handkook p238

If the EU co-ordination rules apply to you (see p250) and the UK is your competent state (see p257), you can generally continue to be paid contributory ESA if you go to live in another EEA state.

Contributory ESA is classed under the co-ordination rules as a ‘sickness benefit’ during the assessment phase and as an ’invalidity benefit’ after the assessment phase. In cases of long-term or permanent disability, it is arguable that contributory ESA during the assessment phase should be regarded as an ‘invalidity benefit’ (see p254).

However, in most cases, this distinction does not matter, as sickness benefits are exportable in similar circumstances to invalidity benefits (see p266).

It is not as comprehensive in main handbook:for reasons of space but it does state clearly that:

WBH 2015/16 p. 1607

If the co-ordination rules apply to you and the UK is your ‘competent state’, you can generally continue to be paid contributory ESA if you go to live in another EEA state.

For completeness I also note (although not relevant toxxxx client) that the effect of the co-ordination rules on export of contributory ESA in the assessment phase is slightly less clear

This is covered in the Migrants Book under the individual benefit in Chapter 15 p.238 (above) & also an overview of the rules on exporting are p266-7 where it notes that although sickness benefits (which are classed by the DWP as a sickness benefit in the assessment phase) are subject to limitations on exportability.

However, in most cases, these are exportable in a similar way to the fully exportable benefits [footnote - Art 7 of EU Reg 883/04] The same info is also covered in the main handbook p. 1630
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