ESA and temporary absence abroad?

zzzLazyDaisy

First, apologies if this has been covered, I have searched but cannot find an answer to this specific question.

Second, PLEASE, I do not need to hear people's opinions about whether this should, or should not, be allowable. I just need to know what the law/regulations provide. Thanks.

I am helping the mother of a disabled young woman who is in receipt of DLA HRM HRC and ESA support group. The mother also gets carer's allowance.

The mother's family is Greek Cypriot, although she was born in UK, as was her daughter, and her husband was English. The husband died two years ago, and the mother's family is in Cyprus.

The question is, how long can they go abroad for, without the daughter losing her benefits?

I know they could go and live in Cyprus, and export ESA and DLA HRC, but not HRM. But this is not an option, and they don't want to move out there permanently.

I also understand that she could go abroad for up to 6 months and still keep both elements of DLA.

But from what I can find out, she can only go abroad for up to 4 weeks before losing ESA. My understanding is that the rationale for this is that ESA claimants must make themselves available for work related activities, however that clearly does not apply to someone in the support group.

I understand that long term IB did not have this restriction (though I am happy to be contradicted about that).

The question is relevant because the daughter is not well enough to cope with travelling out and back within a month as she has a long recovery period even after short journeys. However, perhaps understandably, the mother is reluctant to lose ESA, with all that re-applying entails.

The mother is at the end of her tether and needs the support of her family, but I really do not know the answer to this question.

Thanks a lot for your help

Dx

miduck

Here is the info you need - the absence can be for up to 52 weeks, but no payment will be made after the first four weeks.

rogerblack

Is the young woman in reciept of ESA(contributory), or is she on income-based ESA.
If on income-based ESA, she would only get it for 4 week absences.
HOWEVER - she cannot even if she was able to - leave for a day and go back to the UK - she will if she has moved to cyprus permenantly - fail the 'habitual residence' requirement.

If she is on ESA-contributory - as I understand it, this may be 'exportable' - but I do not understand all the rules.

zzzLazyDaisy

rogerblack wrote: »

If she is on ESA-contributory - as I understand it, this may be 'exportable' - but I do not understand all the rules.

Sorry, I didn't realise there is a difference - yes it is contributory.

zzzLazyDaisy

miduck wrote: »

Here is the info you need - the absence can be for up to 52 weeks, but no payment will be made after the first four weeks.

Thank you. This is the bit I don't understand...

15 A claimant will continue to be entitled to ESA(Cont) and ESA(IR) for the first four
weeks of any absence from GB if
1. the absence is temporary and
2. the absence is unlikely to exceed 52 weeks and
3. he continues to satisfy the other conditions of entitlement to ESA1.

When it says 'the claimant will continue to be entitled to ESA for the first four weeks if.....'

Does it mean she will get ESA for four weeks, provided the intended absence is no more than 52 weeks - but after the first four weeks her entitlement will cease? And if so, why stipulate that they must continue to satisfy the other conditions of entitlement?

This makes no sense, since if they were to move out to Cyprus, she would continue to get ESA indefinitely, or at least until she came up for review.

Or does it mean that she would get it for four weeks, after which time her entitlement to payment would be suspended, but provided she returns within 52 weeks, her ESA will resume on her return?

Sorry to make things unnecessarily complicated (hey, I'm a lawyer!) but it is not clear to me.

And just to be clear - this provision applies equally to people in WRAG who have to make themselves available for work related activities, and to people in the Support group, who do not have to attend further interviews etc?

rogerblack

zzzLazyDaisy wrote: »

Thank you. This is the bit I don't understand...

15 A claimant will continue to be entitled to ESA(Cont) and ESA(IR) for the first four
weeks of any absence from GB if
1. the absence is temporary and
2. the absence is unlikely to exceed 52 weeks and
3. he continues to satisfy the other conditions of entitlement to ESA1.

When it says 'the claimant will continue to be entitled to ESA for the first four weeks if.....'

Does it mean she will get ESA for four weeks, provided the intended absence is no more than 52 weeks - but after the first four weeks her entitlement will cease? And if so, why stipulate that they must continue to satisfy the other conditions of entitlement?

You may find the decision makers guide at: http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/ of use.
http://www.dwp.gov.uk/docs/dmgch41.pdf ESA - conditions of entitlement.
And then chapter 7 - http://www.dwp.gov.uk/docs/dmgch0701.pdf
http://www.dwp.gov.uk/docs/dmgch0703.pdf

If you're moving out to cyprus - or going on a 2 year holiday - ESA-IR is not payable for that 4 week initial period.
You can get better - and become unentitled to ESA - you are obliged to report this.
Similarly - working may mean you can't claim ESA.

As I understand it - the group you're in makes no difference.

HB58

"Or does it mean that she would get it for four weeks, after which time her entitlement to payment would be suspended, but provided she returns within 52 weeks, her ESA will resume on her return?"

This is how I interpret it, but I am perfectly prepared to accept that I have got it wrong!

zzzLazyDaisy

rogerblack wrote: »

If you're moving out to cyprus - or going on a 2 year holiday - ESA-IR is not payable for that 4 week initial period.
You can get better - and become unentitled to ESA - you are obliged to report this.
Similarly - working may mean you can't claim ESA.

As I understand it - the group you're in makes no difference.

Thanks.

There is no question of her getting better, or working while she is out there, as she needs constant care. It is really to give her mum a break for a short term period, but it was hoped that they could stay for longer than 4 weeks.

I will check the links you have provided, thanks for that.

Dx

miduck

HB58 wrote: »

"Or does it mean that she would get it for four weeks, after which time her entitlement to payment would be suspended, but provided she returns within 52 weeks, her ESA will resume on her return?"

This is how I interpret it, but I am perfectly prepared to accept that I have got it wrong!

I'm pretty sure that is correct, but agree it somewhat contradicts the exporting rules.

I guess they would have to pick go down one route or the other - temporary or permanent - but I'm not sure what response they would get if they said they were moving permanently and then returned within a year.