ESA Travel Abroad(holiday)

moto007

Hello All,
I checked at ESA website it is mentioned, if you are in ESA you can travel outside UK for more than 4 weeks. I am confuse, does it means in a year I can only travel(holiday) out side UK for 4 weeks ? or Does it means one trip outside UK cannot be more than 4 weeks ? Any input is highly appreciated.

[Deleted User]

moto007 wrote: »

Hello All,
I checked at ESA website it is mentioned, if you are in ESA you can travel outside UK for more than 4 weeks. I am confuse, does it means in a year I can only travel(holiday) out side UK for 4 weeks ? or Does it means one trip outside UK cannot be more than 4 weeks ? Any input is highly appreciated.

You can travel for no more than 4 weeks unless it is to get medical treatment, evidence will be required, unless you're claiming contributions based.

https://www.gov.uk/claim-benefits-abroad/illness-injury-benefits

bspm

moto007 wrote: »

Hello All,
I checked at ESA website it is mentioned, if you are in ESA you can travel outside UK for more than 4 weeks. I am confuse, does it means in a year I can only travel(holiday) out side UK for 4 weeks ? or Does it means one trip outside UK cannot be more than 4 weeks ? Any input is highly appreciated.

As far as I am aware (sure people will correct if necessary) you can travel abroad up to 4 weeks at a time, I believe that was your question?

I travel abroad four or five times a year which totals more than 4 weeks per year, there is legislation somewhere which points to how many weeks you have to be in the UK and I believe it is 26 weeks per year, that still leaves 26 weeks where you can travel as long as you do not leave the country for more than 4 weeks per holiday.

There is a post on these boards somewhere by me regarding my telephone call to the DWP to notify them of a planned holiday, will try and find it but it was a long time ago.

TELLIT01

Maximum of 4 weeks at a time was certainly the interpretation we had when I worked on ESA. I do agree that the wording on gov.uk isn't that clear.

bspm

TELLIT01 wrote: »

Maximum of 4 weeks at a time was certainly the interpretation we had when I worked on ESA. I do agree that the wording on gov.uk isn't that clear.

The wording on the DWP's own Intranet was never clear either so Joe Public does not stand a chance of understanding the rules.

TELLIT01

bspm wrote: »

The wording on the DWP's own Intranet was never clear either so Joe Public does not stand a chance of understanding the rules.

I hadn't previously looked at the DWP intranet, or the general internet site, on the subject. During our training we were told it was 4 weeks at a time.
It wouldn't be a major effort for somebody to update the web sites to remove the ambiguity, but I won't hold my breath for it to happen. If it's been like that for the last 10 years or so since the introduction of ESA they ain't going to change it.

epitome

Up to 4 weeks at a time, multiple times of 4 weeks is ok. I am not aware of a 26 week cumulative maximum, I don't think this is the case (but would be interested to read anything on the subject).... I am aware of a 26 week maximum for a single trip having gone out of UK for other reasons such as to receive medical treatment, arranged on the NHS prior to leaving the UK (but I would have to read up on it again to be sure).

Day of departure from the UK is not counted towards the 28 days
Day of arrival in the UK is not counted towards the 28 days. But if you arrive after midnight you will be classed as being on the next day (obviously).

You do not have to inform ESA that you are going out of the UK, if it is your intention to return to UK within 28 days.

If you have gone out of UK for less than 28 days and it changes to be longer than 28 days, you must make efforts to tell DWP that you will be outside more than 28 days. by asking someone in UK to phone the ESA, or send them a letter, or worse case scenario, tell them on your return you were out for more than 28 days... in which case, you will have to pay back all the ESA over the 28 days that you were paid. Or even worse case scenario, don't tell them you were over 28 days, hope that they don't notice, and get charged with benefit fraud.

Being outside UK does not absolve you from having to supply a new sicknote (if you are currently sending in sick notes). Failure to renew your sick note could result in claim closure and will definately result in payments stopping.

If you are waiting for your WCA assessment and you have an appointment when out of UK you could phone to cancel the appointment to re-schedule for when you are returned to UK. But at the end of the day it is up to CHDA to decide if they can re-schedule, and if they can, when it will be, If you miss the appointment you will have to send in reasons why you missed it, when you return to UK. and it will be for a DM. Considering you were out for 28 days or less and there is no requirement for you to inform the DWP that you were going, then a DM cannot legitimately refuse good cause (IMHO)............ Having said all that, if you are waiting for a WCA, if you did tell them you were going, what the DWP should do is put in an exception into CHDA so that they do not call you for a WCA between your travel dates.


The same applies to Work Program commitments and Jobcentre appointments. You don't have to tell them, but if you do, it might make your life easier on your return to UK.

If you are in WRAG or SG before you go you should phone ESA and ask when your next referral will be (so as to avoid any missed ESA50/WCA appointment)

TELLIT01

epitome wrote: »

You do not have to inform ESA that you are going out of the UK, if it is your intention to return to UK within 28 days.

The link earlier in the thread leads to the gov.uk site which states this:-
Employment and Support Allowance (ESA)

You can get ESA for up to 4 weeks if you go abroad. Talk to your local Jobcentre Plus before you go.


That indicates that you do need to DWP know even for periods less than 4 weeks. It's possible the rules have changed as that wasn't the situation in the early days of ESA.

chris2017

I am in a similar situation except I did inform the DWP of being out of the country for 25 days and they have suspended my ESA (Contributions Based) claim from the date I am out of the country and are saying I have to confirm to them when I get back and the decision maker will decide if I can be paid. They also want me to fill out a holiday form that still has not arrived. I am in the assessment phase waiting for my work capability assessment so I thought telling the DWP would at least stop any appointment being made. I live alone so wont know if an appointment is sent while away. Is there anything I can do to get my ESA(CB) back in payment while away. I have made a mandatory request against the decision but that takes longer than I am away.

bspm

chris2017 wrote: »

I am in a similar situation except I did inform the DWP of being out of the country for 25 days and they have suspended my ESA (Contributions Based) claim from the date I am out of the country and are saying I have to confirm to them when I get back and the decision maker will decide if I can be paid. They also want me to fill out a holiday form that still has not arrived. I am in the assessment phase waiting for my work capability assessment so I thought telling the DWP would at least stop any appointment being made. I live alone so wont know if an appointment is sent while away. Is there anything I can do to get my ESA(CB) back in payment while away. I have made a mandatory request against the decision but that takes longer than I am away.

I did not know the answer to this so decided to make a call.

Called 0800 055 6688 which is the ESA Contact Centre for making a claim for ESA. I told them (lied) that I was about to claim ESA CB but that I was going on holiday at the end of September and wondered if it was best to not claim till I came back as I was not sure that the claim would be suspended or not.

The call handler asked me if I was leaving the country, I said yes, she also asked me if I would be away for more than 28 days, I said no, she said I will just check with a colleague to make sure I do not give you the wrong information. She came back on the line and said no your claim will not be suspended so do you want to go ahead and start the claim for ESA. I then had to say I didn't feel well enough today (such a liar!) and would call back tomorrow.

So, the answer is NO your claim will not be suspended, I suggest you call them again.

TELLIT01

bspm wrote: »

So, the answer is NO your claim will not be suspended, I suggest you call them again.

For 'will not' read 'should not'. A friend of mine phoned ESA simply to request a Permitted Work form because he was thinking about doing some work. Next payment never arrived so he called. He was told that payment was suspended because of Permitted Work and wouldn't be reinstated until the form was returned. When he explained that he was simply considering PW the suspension was lifted and payment released.
The moral of the story is that not all staff at DWP know the rules properly, or apply them properly.