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Confused about notifying esa before going aborad
- Chlorinated
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6 years 6 months ago #199019 by Chlorinated
Confused about notifying esa before going aborad was created by Chlorinated
Hello
I'm confused as to whether one must notify the esa if they are going on holiday for less than 4 weeks. In this answer you state it is not required:
benefitsandwork.co.uk/forum?view=topic&d...=118546&limitstart=0
However I note that the gov link says when going for up to 4 weeks '..talk to your local jobcenter plus' rather than you don't need to inform them.
However in another answer you state you must let them know even if you leave only for a day specifically citing regulations as in this thread:
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=97425 It says
ESA Regulations 2008, Regulation 157 which covers disqualifications
157 (1)(d) “is, without good cause, absent from the claimant’s place of residence without leaving word with the Secretary of State where the claimant may be found.”
www.legislation.gov.uk/uksi/2008/794/regulation/157/made
Can you clarify which is correct and also explain why you think the first link means you don't need to let them know because it doesn't seem to say that but rather requests you do contact the job center about it.
Thanks
I'm confused as to whether one must notify the esa if they are going on holiday for less than 4 weeks. In this answer you state it is not required:
benefitsandwork.co.uk/forum?view=topic&d...=118546&limitstart=0
However I note that the gov link says when going for up to 4 weeks '..talk to your local jobcenter plus' rather than you don't need to inform them.
However in another answer you state you must let them know even if you leave only for a day specifically citing regulations as in this thread:
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=97425 It says
ESA Regulations 2008, Regulation 157 which covers disqualifications
157 (1)(d) “is, without good cause, absent from the claimant’s place of residence without leaving word with the Secretary of State where the claimant may be found.”
www.legislation.gov.uk/uksi/2008/794/regulation/157/made
Can you clarify which is correct and also explain why you think the first link means you don't need to let them know because it doesn't seem to say that but rather requests you do contact the job center about it.
Thanks
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- Gordon
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6 years 6 months ago - 6 years 6 months ago #199038 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Confused about notifying esa before going aborad
Amonia
Our view has evolved based on feedback from the forum and other sites. The second link you refer to is from four years ago!
We are not aware of any requirement defined in legislation for a claimant to inform the DWP if they are leaving the country for a period that is less than allowed by a specific benefit, for ESA this is four weeks.
Regulation 157 covers absence from the claimants normal place of residence. This means any absence, so if you spend the night away with relatives (in the UK), over Christmas, then this Regulation requires you to notify the DWP. In reality the DWP really don't want 2m claimants notifying them of these types of absences!
Ultimately, this is your claim and you must decide whether you need to notify the DWP of not of any absence from your home and in particular, if you leave the country.
Gordon
Our view has evolved based on feedback from the forum and other sites. The second link you refer to is from four years ago!
We are not aware of any requirement defined in legislation for a claimant to inform the DWP if they are leaving the country for a period that is less than allowed by a specific benefit, for ESA this is four weeks.
Regulation 157 covers absence from the claimants normal place of residence. This means any absence, so if you spend the night away with relatives (in the UK), over Christmas, then this Regulation requires you to notify the DWP. In reality the DWP really don't want 2m claimants notifying them of these types of absences!
Ultimately, this is your claim and you must decide whether you need to notify the DWP of not of any absence from your home and in particular, if you leave the country.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by Gordon.
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- slugsta
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6 years 6 months ago #199054 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Confused about notifying esa before going aborad
In addition to Gordon's excellent advice, I would suggest that you consider notifying DWP if you are due for a reassessment in the next few months. The reassessment forms are usually sent out ahead of time and there is a strict time limit for their return.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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