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going abroad

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12 years 4 months ago #93374 by Gordon
Replied by Gordon on topic Re: going abroad
radhika wrote:

Very quick question.
I am hoping to go abroad with my husband next year after 4 years of saving and am wondering will this have an impact on his esa as he has mobility and back issues.
we will be accomadated where possible ie wheelchair service at airport etc, but how will atos regard this should he be called for a medical.
The flight will be for apprx 4 hours, he would not be doing any lifting or carrying.
Any advise will be much appreciated as we are looking to book by christmas to take advantage of discounts offered. However, i am really concerned as i have heard nightmare stories about esa claimants going on holiday abroad!!!!!

Thanks.
Radhika.

I am assuming this is a holiday rather you and your husband making a new home abroad?

This being the case, there should be no problems providing you are out of the country for less than 4 weeks, a longer period is allowed, but there may be restrictions dependant on what benefits are effected.

You need to notify the DWP of his absence.

I would like to say that his going away will have effect, and it is perfectly possible that it won't, but if he has been awarded ESA for any reason that would be called into question by the journey or the holiday itself, for example the Standing and Sitting descriptor, then you may need to address this issue if he is re-assessed.

With luck this won't be the case, and needing to address it does not mean that his benefit will be effected, but you should be prepared to answer questions on how he managed if asked.

Gordon

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

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  • bro58
12 years 4 months ago - 12 years 4 months ago #93376 by bro58
Replied by bro58 on topic Re:going abroad
Hi R,

As Gordon rightly says, you are supposed to inform the DWP, see this extract :

Changes you must tell us about :

Other changes :

Any changes to do with you or your partner :

"go away from home, even if it is for a day

go abroad or plan to go abroad."


From page 16 of the : ESA40

(N.B. The rates of benefit etc, included in the above, are not current, pertaining to 2012/13 rates.)

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 4 months ago - 12 years 4 months ago #93411 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:going abroad
Not withstanding the good advice given by you and Gordon, I stand by my previous posts that asking for information on benefits abroad is a request for individual advice, which Steve has specifically advised us not to deal with.

I have provided a link to all previous posts on claiming benefits abroad.

Therefore , I am locking this post since I don't believe moderators be they qualified benefits adviser, or not, can advise on claiming benefits in the EEC or EEA, or in other countries which do not have reciprocal agreements with the UK, as the legislation and regulations are very complex.

Steve has made it clear in the past that we are not a welfare rights agency, and that our role is to provide information not advice.

I believe that all information possible on claiming benefits abroad is available HERE with 31 different threads and in excess of 100 posts.

I am seeking clarification from Steve as to whether any further requests on benefits abroad should only refer to the link given and no new threads be allowed.

See also Do I still get my benefits if I move abroad temporarily or permanently

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 4 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.

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  • bro58
12 years 4 months ago #93417 by bro58
Replied by bro58 on topic Re:going abroad
Jim Allison wrote:

Not withstanding the good advice given by you and Gordon, I stand by my previous posts that asking for information on benefits abroad is a request for individual advice, which Steve has specifically advised us not to deal with.

I have provided a link to all previous posts on claiming benefits abroad.

Therefore , I am locking this post since I don't believe moderators be they qualified benefits adviser, or not, can advise on claiming benefits in the EEC or EEA, or in other countries which do not have reciprocal agreements with the UK, as the legislation and regulations are very complex.

Steve has made it clear in the past that we are not a welfare rights agency, and that our role is to provide information not advice.

I believe that all information possible on claiming benefits abroad is available HERE with 31 different threads and in excess of 100 posts.

I am seeking clarification from Steve as to whether any further requests on benefits abroad should only refer to the link given and no new threads be allowed.

See also Do I still get my benefits if I move abroad temporarily or permanently


Hi Jim,

I, and I imagine Gordon, totally understand where you are coming from here.

However, in this instance, radhika has made it perfectly clear that it is a holiday, and they are not moving abroad temporarily or otherwise. See this extract :

"However, i am really concerned as i have heard nightmare stories about esa claimants going on holiday abroad!!!!!"

from her post : www.benefitsandwork.co.uk/forum?func=vie...id=10&id=92918#93368

Therefore, she is not asking about claiming benefits abroad, if that had been the case, she would have received a similar response to the one you gave.

bro58

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 4 months ago #93434 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:going abroad
Hi Bro,

With respect the posts about benefits abroad include information about holidaying abroad and it's effects if any on benefits.

However, I take your point so have unlocked the thread.

Best regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 4 months ago #93506 by shrinathji
Replied by shrinathji on topic Re:going abroad
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.

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