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Claiming ESA whilst temporarily abroad

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8 years 4 months ago - 8 years 4 months ago #146858 by Gordon
Replied by Gordon on topic Claiming ESA whilst temporarily abroad
VR123

As I said in reply to your other post. Exporting a benefit so that you can live permanently in another country is not the same as a temporary absence for a holiday, albeit for a long time.

You need to get face to face advice on this matter as we cannot supply support for this matter on the forum.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 4 months ago by Gordon.

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8 years 4 months ago #146884 by VR123
Replied by VR123 on topic Claiming ESA whilst temporarily abroad
I do realise that you can't supply support, but just wondered if any members had any advice to offer via the forum. Sorry if I've got it wrong, but I thought that was how a forum was suppose to work.
Following oyur previos response, I searched on the internet for local specialist advice and all I got back was Citizens Advice. We live on the Herefordshire/Gloucetsershire border - within Gloucestershire, but with a Herefordshire post code. Herefordshire CAB is closing and they say we need to go to Glocuester CAB in anu event, but Gloucester CAB say that they can't help as we have a Herefordshire post code. I gave also contacted numerous organisations which purport to advise people with disabilities and/or people over 60, but they all reeled off reasons why they couldn't help - and none of them were able to direct me to anywhere else that could offer offer help or advice.
I agree that we need face to face advice but I have no idea where or how to get this - hence my attempt to seek some feedback from anyone on this forum.

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  • bro58
8 years 4 months ago - 8 years 4 months ago #146886 by bro58
Replied by bro58 on topic Claiming ESA whilst temporarily abroad

VR123 wrote: I do realise that you can't supply support, but just wondered if any members had any advice to offer via the forum. Sorry if I've got it wrong, but I thought that was how a forum was suppose to work.
Following oyur previos response, I searched on the internet for local specialist advice and all I got back was Citizens Advice. We live on the Herefordshire/Gloucetsershire border - within Gloucestershire, but with a Herefordshire post code. Herefordshire CAB is closing and they say we need to go to Glocuester CAB in anu event, but Gloucester CAB say that they can't help as we have a Herefordshire post code. I gave also contacted numerous organisations which purport to advise people with disabilities and/or people over 60, but they all reeled off reasons why they couldn't help - and none of them were able to direct me to anywhere else that could offer offer help or advice.
I agree that we need face to face advice but I have no idea where or how to get this - hence my attempt to seek some feedback from anyone on this forum.


Hi VR123,

Although some members do provide feedback on the forum regarding their experiences with the ESA, DLA and PIP benefits system, as this is not really a chat forum, your assumptions regarding receiving support are not pertinent to B&W.

In your situation, I do not really see what help and support could be gained from other members, other than maybe trying to point you towards any Welfare Advice Agencies within the Herefordshire Postcode.

Members are most welcome to do so if they are aware of any.

This is not a common occurance, and in my 4-5 years as a Forum Moderator, I can only recall 1-2 members who have had their ESA stopped for temporarily being abroad for more than 28 days.

They never returned to provide feedback regarding how any appeal against the decision went !

Unfortunately, you may find it difficult to obtain support as Legal Aid is no longer available for "benefits" appeals to The First Tier Tribunal. (except for in Scotland)

You could try any local Law firms/Solicitors as some have Welfare Rights Depts.

There are links to the Law Society and Lawcentres.org in this FAQ :

Where to get advice

If you read through the my posts from the links that I provided in my previous response to you : Here. , you will see that I have provided further links to posts that include the relevant ESA Legislation.

As I have previously stated, I am sorry that we cannot offer any further support with this particular issue ! :(

bro58
Last edit: 8 years 4 months ago by bro58.

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8 years 4 months ago #146887 by sally-jane
Replied by sally-jane on topic Claiming ESA whilst temporarily abroad
I have posted on exporting benefits abroad before.

The long and short of it is that it is not possible to export DLA/PIP/ESA/IB any more.

The idea which was in place a few years ago has now ceased.

You used to be able to ask if your DLA only care component could be exported as you lost your DLA mobility component if you moved abroad automatically.
Your IB was allowed to be exported as long as it was agreed to be so from the Secretary of State.

With the advent of IB to ESA this was no longer an exportability benefit, hence why many who had previously been living abroad, either returned or went without their benefit.
DLA allowed care component only to be exported, you lost your mobility component once you moved abroad and you were not allowed to re start it if you returned to the UK to live.

Now that DLA is replaced by PIP neither component is exportable.

Industrial Injury Benefit is still exportable, but this to is to be withdrawn shortly.

There are a few benefits which are still exportable but those too are due to be stopped shortly.

In other words if you are lucky to have a Private pension you can live abroad as if you work overseas, however if you are reliant on any benefit to be your main income you can no longer receive it abroad.

This relates to all EU countries and those with participation with member countries.

However if you are from overseas, work in the UK for some time and then can no longer work, it is exportable for them who are returning to a recipient country, EU and a few other member countries.

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  • bro58
8 years 4 months ago - 8 years 4 months ago #146888 by bro58
Replied by bro58 on topic Claiming ESA whilst temporarily abroad

pusscatsmum wrote: I have posted on exporting benefits abroad before.

The long and short of it is that it is not possible to export DLA/PIP/ESA/IB any more.

The idea which was in place a few years ago has now ceased.

You used to be able to ask if your DLA only care component could be exported as you lost your DLA mobility component if you moved abroad automatically.
Your IB was allowed to be exported as long as it was agreed to be so from the Secretary of State.

With the advent of IB to ESA this was no longer an exportability benefit, hence why many who had previously been living abroad, either returned or went without their benefit.
DLA allowed care component only to be exported, you lost your mobility component once you moved abroad and you were not allowed to re start it if you returned to the UK to live.

Now that DLA is replaced by PIP neither component is exportable.

Industrial Injury Benefit is still exportable, but this to is to be withdrawn shortly.

There are a few benefits which are still exportable but those too are due to be stopped shortly.

In other words if you are lucky to have a Private pension you can live abroad as if you work overseas, however if you are reliant on any benefit to be your main income you can no longer receive it abroad.

This relates to all EU countries and those with participation with member countries.

However if you are from overseas, work in the UK for some time and then can no longer work, it is exportable for them who are returning to a recipient country, EU and a few other member countries.


Hi PCM,

I think your posts, which can be found : In This List of Posts are regarding exportability of benefits when going to live abroad.

In the OP's case, the situation is regarding receipt of ESA whilst temporarily abroad for more than the 28 days allowed, which is a totally different scenario.

bro58
Last edit: 8 years 4 months ago by bro58.

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8 years 4 months ago #146909 by sally-jane
Replied by sally-jane on topic Claiming ESA whilst temporarily abroad
oops did not read properly, must put gasses on.
xx

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