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Leaving the country when on ESA

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6 years 2 months ago #215343 by Exile
Leaving the country when on ESA was created by Exile
Hello everybody,

I’m writing because I find myself in a desperate situation, and I don’t know what to do. I’d be extremely grateful for any advice that anybody could give me.

I am a British citizen (English) under the age of 35. I am currently in receipt of income-based ESA (support group) because I have a long-term medical condition that prevents me from working, and even from going outside much of the time. I’m currently facing homelessness and just don’t know how to handle this situation.

At the moment I am staying with my father and his wife, but my presence is inconvenient for them and he has told me to leave. I’ve been completely unable to find anywhere else to go, because in this area (London) no landlord will rent to me and people in flatshares won’t share with me.

It seems my only option at this point is to stay with my mother who lives abroad, but doing so will be a disaster. She lives in an EU country with which I have no connection and whose language I don’t speak at all. I’d have to give up my ESA, and if I can't get back quickly I'll become trapped in a foreign country in which I have no income and no healthcare. It's devastating to lose the only thing that gives me any independence.

One thing I’m extremely worried about is that even if I managed to get back to England I’d be denied ESA again on the basis that I had “voluntarily” given it up and left the country. Is that something that could happen, or am I wrong to be worried about it? Will it depend on the precise way I explain my change of circumstances to the DSS now?

How should I explain my situation to the DSS so that I don’t get accused of doing anything wrong? Should I warn them in advance that I will have to leave the country, or should I just tell them in the event that I do leave? Will I need to provide proof? I am terrified of doing something wrong. I don’t know very much about how the system works.

This whole situation is a nightmare. I’ve been too embarrassed to ask anyone I know for advice. It would mean the world to me if somebody here could answer my questions.

Thank you.

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6 years 2 months ago #215356 by Gordon
Replied by Gordon on topic Leaving the country when on ESA
Exile

Speak to Shelter about your housing situation

england.shelter.org.uk/

If you do leave the country then your ESA can be paid for a further four weeks,

As you would be in effect closing your claim there will be no direct problems with you making a claim should you return, however, it is likely that you would have to claim Universal Credit on your return, which has a residency test. You would in effect be making a new claim for "ESA" and will need to pass the entitlement criteria again from scratch.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Exile

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6 years 2 months ago #215480 by Exile
Replied by Exile on topic Leaving the country when on ESA
Thank you so much for your reply. I now understand the situation a lot better.

It is at least some consolation that I would be able to make another claim in the future. I was afraid my situation could be used against me.

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6 years 2 months ago #215488 by Gordon
Replied by Gordon on topic Leaving the country when on ESA

Exile wrote: Thank you so much for your reply. I now understand the situation a lot better.

It is at least some consolation that I would be able to make another claim in the future. I was afraid my situation could be used against me.


Don't forget the residency test that you will have when you return.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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