IB/DLA going abroad after 27 weeks away already

Just a quick question on rules about overseas entitlement.

Claimant is currently in UK but was abroad in EEA/EU country for 27 of the last 52 weeks and continued to receive long term IB and DLA care during this time.

Claimant now needs to travel outside EEA to a country with no special agreements with UK for a temporary stay of up to 8 weeks.

It appears that long term IB and DLA care can be claimed for up to 26 weeks abroad outside of the EEA. However, if the claimant has already been outside the UK but still in the EEA for more than 26 weeks, does this have any effect? Will benefits be stopped when they return to UK?

www.dls.org.uk/advice/factsheet/welfare_.../Benefits_abroad.pdf

is a helpful guide. But it says on page 9, "If you are abroad for longer than 26 weeks you will have problems requalifying
for the benefit on your return as you must have been in this country
for 26 out of the last 52 weeks to satisfy the residence requirements."

Is that just if the claimant gets better and stops claiming and then worsens and puts in a new claim?

1.Will the 27 weeks in EEA/EU make any difference to whether they can receive benefits abroad outside EEA, or does time in EEA count the same as being in the UK?

2.Will the claimant fail any UK residence or presence conditions if they go away now? e.g. does one have to be resident and present in the UK for at least 26 weeks before they can go outside EEA?

3.What exactly are the rules about residence and presence concerning IB and DLA care and going abroad?

Confused. Would be grateful for any help. Thanks

transam wrote:

Just a quick question on rules about overseas entitlement.

Claimant is currently in UK but was abroad in EEA/EU country for 27 of the last 52 weeks and continued to receive long term IB and DLA care during this time.

Claimant now needs to travel outside EEA to a country with no special agreements with UK for a temporary stay of up to 8 weeks.

It appears that long term IB and DLA care can be claimed for up to 26 weeks abroad outside of the EEA. However, if the claimant has already been outside the UK but still in the EEA for more than 26 weeks, does this have any effect? Will benefits be stopped when they return to UK?

www.dls.org.uk/advice/factsheet/welfare_.../Benefits_abroad.pdf

is a helpful guide. But it says on page 9, "If you are abroad for longer than 26 weeks you will have problems requalifying
for the benefit on your return as you must have been in this country
for 26 out of the last 52 weeks to satisfy the residence requirements."

Is that just if the claimant gets better and stops claiming and then worsens and puts in a new claim?

1.Will the 27 weeks in EEA/EU make any difference to whether they can receive benefits abroad outside EEA, or does time in EEA count the same as being in the UK?

2.Will the claimant fail any UK residence or presence conditions if they go away now? e.g. does one have to be resident and present in the UK for at least 26 weeks before they can go outside EEA?

3.What exactly are the rules about residence and presence concerning IB and DLA care and going abroad?

Confused. Would be grateful for any help. Thanks

Hi,

Exportability of benefits is not something we cover on the forum and we cannot in any case give case specific advice.

As you seem to have found, the rules are complex, both for claims within and without the EEA and can vary according to the benefit claimed.

With regards to DLA, it maybe worthwhile to contact:

Exportability Co-ordinator
Room C216
Pension, Disability and Carers Service
Warbreck House
Warbreck Hill Road
Blackpool
FY2 0YE

to clarify the position with regards to DLA.

For other benefits, e-mail the exportability team at:

This email address is being protected from spambots. You need JavaScript enabled to view it.

The DWP guide with regards to residency is complex but here it is:

www.dwp.gov.uk/docs/dmgch0703.pdf

Sorry we cannot really go any further as it is so complex and every case is different. such that it is only really possible to either ask the DWP, or seek in-depth face to face advice from a welfare rights adviser who specialises in exportability and can go through your individual case in depth.

Pete