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going abroad

  • bro58
12 years 4 months ago - 12 years 4 months ago #93513 by bro58
Replied by bro58 on topic Re:going abroad
radhika wrote:

Hi to all mods,

Firstly i would like to thank bro58 for relaying my question correctly to Jim, as i was not asking about moving abroad or payments whilst abroad permenantly or temporary.

I also totally understand the rules of informing DWP of absences from home and would not advise anyone differently.

I had read somewhere that a lady on ESA had gone to Cyprus on holiday for a couple of weeks and she stayed with family. Upon her return she was assessed for a medical by an Atos assessor who commented on her "lovely tan".
The lady in question was very honest and informed her that she had been on holiday, had help at the airport with wheelchair etc and had family with her to look after her during the flght.
She failed her medical and upon checking the Atos report found that the assessor had made comments of her holiday abroad but had failed to mention all the assistance etc that she had and gave her 0 ponts. The lady went onto saying that she was given a terrible time at tribunal, where the panel did not take kindly to her going abroad!!!!! although she clearly explained all the necessary arrangements were made to accomodate her flight etc.

I hope you guys get the picture now as to why i was really worried!!!!

Nevertheless, Gordon gave some really good advise with regards to the descriptors that were relevant to my husband, should he be questioned and i have started to look more closely into this.

Without turning this thread into a "discussion", i was wondering if any members have had any recent experiences with DWP regarding going abroad on holiday for a couple of weeks.

Many thanks.

Radhika.


Hi R,

This UT Caselaw may help with your research : www.osscsc.gov.uk/Aspx/view.aspx?id=3297

PARA 23 onwards seems interesting.

bro58
Last edit: 12 years 4 months ago by bro58.

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12 years 4 months ago #93515 by shrinathji
Replied by shrinathji on topic Re:going abroad
Thanks bro58,

I will have a good read especially PARA 23 as per your suggestion.

Radhika.

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12 years 4 months ago #93546 by shrinathji
Replied by shrinathji on topic Re:going abroad
Hi bro58,

Many thanks for the above caselaw, which i read with great interest, especially PARA 23 and 24.

My husband does have mobility problems amongst others, which i have made travel agent aware of(have not booked holiday yet!!!)
Travel agent assures me that wheelchair assistance can be arranged at both ends of the airport.

So hopefully, if we do decide to go ahead, then i will be able to show that the necessary arrangements were made.

Thanks.

Radhika.

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  • bro58
12 years 4 months ago #93559 by bro58
Replied by bro58 on topic Re:going abroad
bro58 wrote:

radhika wrote:

Hi to all mods,

Firstly i would like to thank bro58 for relaying my question correctly to Jim, as i was not asking about moving abroad or payments whilst abroad permenantly or temporary.

I also totally understand the rules of informing DWP of absences from home and would not advise anyone differently.

I had read somewhere that a lady on ESA had gone to Cyprus on holiday for a couple of weeks and she stayed with family. Upon her return she was assessed for a medical by an Atos assessor who commented on her "lovely tan".
The lady in question was very honest and informed her that she had been on holiday, had help at the airport with wheelchair etc and had family with her to look after her during the flght.
She failed her medical and upon checking the Atos report found that the assessor had made comments of her holiday abroad but had failed to mention all the assistance etc that she had and gave her 0 ponts. The lady went onto saying that she was given a terrible time at tribunal, where the panel did not take kindly to her going abroad!!!!! although she clearly explained all the necessary arrangements were made to accomodate her flight etc.

I hope you guys get the picture now as to why i was really worried!!!!

Nevertheless, Gordon gave some really good advise with regards to the descriptors that were relevant to my husband, should he be questioned and i have started to look more closely into this.

Without turning this thread into a "discussion", i was wondering if any members have had any recent experiences with DWP regarding going abroad on holiday for a couple of weeks.

Many thanks.

Radhika.


Hi R,

This UT Caselaw may help with your research : www.osscsc.gov.uk/Aspx/view.aspx?id=3297

PARA 23 onwards seems interesting.

bro58


Hi R,

You may wish to research the other UT Rulings mentioned in the one above, which you can do from here :

www.osscsc.gov.uk/Aspx/default.aspx

Further, the Toolkit on rightnet can be most useful, as mentioned here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=88285#88285

bro58

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12 years 4 months ago #93560 by shrinathji
Replied by shrinathji on topic Re:going abroad
Thanks.

Will be good for bed time reading. :-)

Radhika.

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