Claiming ESA whilst temporarily abroad

My husband had an industrial accident in his 40's which left him unable to work and initially he received IIB and Incapacity benefit. As time passed, he needed more support and my own retirement was probably well timed as he is now very dependant on me.
I am now 64 and, having now retired early through ill health, I am in receipt of state pension, whilst my husband (now 61) receives E&SA and DLA, plus a pension of around £300 per month from his past employer (his IIB stopped some years ago, although I am not sure why).
Following my retirement, we had hoped to spend more time in Corfu (where we own a property) as the climate there helps both my husband's disability and my own health problems - and having checked out the position as regards benefits when my husband was still in receipt of Incapacity Benefit, we understood that, as long as we weren't away for more than 26 weeks and provided we notified the DWP, my husband would still receive his benefit. However, having recently notified the DWP of our return to the UK, my husband has just received a letter telling him that, if he leaves the UK - even temporarily - he will only be entitled to 4 weeks benefit - and he is, therefore, required to repay this year's alleged over payment (which I calculate to be close on £4,000!) Furthermore, as this means that there has been a break in his E&SA claim, he will no longer be entitled to the £12 per week ''top up'' payment which he had been getting following the transfer from Incapacity to E&SA Benefit .
Apparently, the reduction in entitlement to benefit whilst abroad is yet another change which has been sneakily introduced via the transfer from Incapacity to E&SA. But I cannot follow the reason or logic for any of this - especially the reduction in my husband's future payments. It's four years before my husband qualifies for his pension and, as there's no possibility of selling our place in Corfu (given the economic crisis in Greece) I just don't know what we're going to do now. As I said my husband is reliant on me and it seems wrong that if I choose to spend my retirement summers in Corfu, HE loses the benefit to which he is entitled. He has been assessed as unfit for work countless times, so what difference does it make where he is? AND Corfu is an EU country where the climate is beneficial to him. Has anyone got any advice or suggestions which might help me please?

Thank you for your reply. No I joined because when my husband was transferred form Incapacity to E&SA I didn't understand any of it and i had also heard horror stories about claimants in a similar position losing their benefit after a year and being called in for interviews designed to force people into jobs even though they were unfit for work.
My husband was placed in the suport group and he gets contribution based E&SA - and at least I now understand what all that means!

See www.nidirect.gov.uk which states that:
"contribution based E&SA (ESA(C)) will be paid to people within the European Economic Area and Switzerland provided you satisfy the NI conttributions in Great Britain and meet the other conditions for entitlement to benefit..."
Also www.gov.uk/claim-benefits-abroad states:
"Going abroad for more than one year:
You can get contribution based ESA in the EEA or Switzerland if you are eligible and if you've paid enough NI contributions"
OK I know we weren't abroad for more than one year, but it doesn't make sense to refuse payment for a lesser period - but then I suppose much of what this current establishment does makes little or no sense!

Hi VR123,

Glad to hear that you didn't join B&W to specifically gain advice on your current problem !

If that had been the case, as we can't really provide the assistance that you need, I am sure Steve the site owner would have refunded your subscription.

As Gordon states DWP are rigid on the 4 weeks rule for ESA when going abroad, and even though I understand what you are saying about it not seeming "fair", I am afraid that they are the rules as laid down in Legislation !

Another member of ours recently had their ESA stopped for going abroad for 5 weeks, even though they informed DWP ESA prior to going as seen Here and from the other links within the topic.

We quite regularly get queries regarding going abroad whilst in receipt of ESA and our responses are always the same, as seen : Here, : Here and : Here.

From the first link in your post it seem that you live in NI !

You would be best advised to try and gain professional advice, particularly regarding the "overpayment" scenario.

See : Advice NI

I am sorry, but there isn't really much more that we can say on this issue.

Good luck !

bro58

Update - Having requested a Mandatory Reconsideration, DWP has confirmed that the overpayment is non recoverable, but that their decision that it IS an over payment still stands.
I have found lots of contradictory opinions and statements on the internet, including a Daily Mail article in which a spokesperson from DWP confirms that EU Regulations enforce the payment of contributory benefits to claimants who relocate from UK to elsewhere within the EU. Although he pays less than £100 pa in income tax, my husband is still a UK taxpayer, as he has a small occupational pension, which just takes him above the personal allowance. So it seems that if he moved to Corfu he would be much better off than if he just visited - how stupid and illogical is that ?
Can't help thinking that this DWP decision must be in breach of EU Regulations. Either way, we intend to appeal.
By the way, as there are no references to N. Ireland on the website, I didn't realise that the NI in NIDirect stood for N. Ireland and, stupidly thought it related to all matters connected to Nationsl Insurance, including contribution based benefits. DOH!