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TOPIC: ESA Appeal Date and Holidays

ESA Appeal Date and Holidays 6 years 10 months ago #14831

I've been waiting for my ESA appeal date since last May and now want to book a holiday, just for a week, in February. I'm worried in case I book and pay for my holiday and then the date comes through for that week. Would the Tribunal be OK about giving me another date? I'm so scared to plan things in advance these days.

Thanks.
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Re:ESA Appeal Date and Holidays 6 years 10 months ago #14838

Qudsia wrote:
I've been waiting for my ESA appeal date since last May and now want to book a holiday, just for a week, in February. I'm worried in case I book and pay for my holiday and then the date comes through for that week. Would the Tribunal be OK about giving me another date? I'm so scared to plan things in advance these days.

Thanks.

If you tell the Tribunals Service of your intentions in advance, there shouldn't be a problem in taking a holiday.

If you are receiving assessment rate ESA while you are waiting for your appeal to be heard, you have an obligation to inform the JCP/BD office which handles your claim, about the duration of your holiday and the address where you will be residing while you are away.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:ESA Appeal Date and Holidays 6 years 10 months ago #14852

Thanks Crazydiamond.

I can understand letting them know about the duration of the holiday, but why do they need to know where you'll be? If I tell them I am going abroad, will they not use that against me at the Tribunal, by suggesting that as I am able to go on holiday, I should also be able to work?
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Re:ESA Appeal Date and Holidays 6 years 10 months ago #14855

Qudsia wrote:
Thanks Crazydiamond.

I can understand letting them know about the duration of the holiday, but why do they need to know where you'll be? If I tell them I am going abroad, will they not use that against me at the Tribunal, by suggesting that as I am able to go on holiday, I should also be able to work?

It is a standard instruction with incapacity benefits, including ESA, to require a forwarding address if you are away from home for any reason.

The reason for the instruction as far as the DWP is concerned, is intended if a medical assessment is required at short notice. If you are on the ESA assessment phase while you are awaiting an appeal hearing, this condition may apply?

Insofar as the tribunal arises, the DWP would have to explain in a (supplementary) submission why they believe that a holiday would impact on your entitlement to ESA, but claimants/appellants are entitled to take a holiday if they so wish, as there is nothing in the rules to the contrary. In some cases it may even be considered to be therapeutic and part of the recovery process?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 10 months ago by Crazydiamond. Reason: Corrected grammar.
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Re:ESA Appeal Date and Holidays 6 years 10 months ago #14858

Hi what would they do if they found you had gone away even in the uk for a few days withou teling them.because i bet most dont phone dwp if they are only going away for say a weekend.
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