ESA and PIP whilst temporarily abroad

A_Step-Mum

I receive ESA contribution based in the support group and enhanced care and mobility PIP.

My husband is French and after he retires next year he wants us to spend more time in France, though we will remain resident in the UK - he's thinking perhaps two or three months in the summer each year.

I believe that I can go abroad for up to 13 weeks without affecting my PIP but only 4 weeks for ESA, though if we moved to France permanently I could get it indefinitely (at least until Brexit!), which seems somewhat contradictory.

Does anyone know if the maximum 4 weeks is 4 weeks continuously or 4 weeks altogether or what? For example, could I go for 4 weeks, come back to the UK for a few days and then go for another 4 weeks or am I only allowed 4 weeks holiday a year?

Before anyone has a go about people on benefits going on extended holidays, I didn't choose to be assaulted by a pupil and permanently disabled and I'd much rather be still working and do without the holidays.

Hounded_out

I'm sure a member such as Alice Holt will be able to answer your query. As for the comment in the last paragraph you are wise to add that caveat. Based on what you say you deserve guidance, not derision.

System

The DWP guidance simply says you need to inform them if you're going abroad for any length of time, as this would count as a change in circumstances.

A_Step-Mum

I know I need to tell them, that's a given.

TELLIT01

A_Step-Mum wrote: »

I receive ESA contribution based in the support group and enhanced care and mobility PIP.

My husband is French and after he retires next year he wants us to spend more time in France, though we will remain resident in the UK - he's thinking perhaps two or three months in the summer each year.

I believe that I can go abroad for up to 13 weeks without affecting my PIP but only 4 weeks for ESA, though if we moved to France permanently I could get it indefinitely (at least until Brexit!), which seems somewhat contradictory.

Does anyone know if the maximum 4 weeks is 4 weeks continuously or 4 weeks altogether or what? For example, could I go for 4 weeks, come back to the UK for a few days and then go for another 4 weeks or am I only allowed 4 weeks holiday a year?

Before anyone has a go about people on benefits going on extended holidays, I didn't choose to be assaulted by a pupil and permanently disabled and I'd much rather be still working and do without the holidays.

Are you sure about the highlighted section? Period abroad is limited to 4 weeks at a time. I'm not sure if you have to remain in the UK for a defined period before being able to have another 4 week absence. Most claimants wouldn't be in a position to go back and forth so there may be no legislation to cover this eventuality.
Note: I'm not being critical of somebody who can go back and forwards in this way, simply saying its unusual. As long as it falls within the rules I have no problem with it.

Tabbytabitha

TELLIT01 wrote: »

Are you sure about the highlighted section? Period abroad is limited to 4 weeks at a time. I'm not sure if you have to remain in the UK for a defined period before being able to have another 4 week absence. Most claimants wouldn't be in a position to go back and forth so there may be no legislation to cover this eventuality.
Note: I'm not being critical of somebody who can go back and forwards in this way, simply saying its unusual. As long as it falls within the rules I have no problem with it.

The OP is right. DLA/PIP (care)/ AA are at present exportable benefits if you move to another EU countries, You can even, in certain circumstance, apply and receive them when already living abroad, as my husband did.

A_Step-Mum

I've tried my best to find something in the DM guides, but all it says is benefit can be paid for the first 4 weeks of a temporary absence abroad. It says nothing about whether it's 4 consecutive weeks or 4 weeks in total or, if the latter, what the 'waiting period' for want of a better term might be before you can go abroad again.
I seem to remember that the 4 week rule was because most working people can't go on holiday for more than 4 weeks at a time, but on the other hand, most working people get more than 4 weeks holiday total.
The situation wouldn't even arise yet if I wasn't disabled since hubby is only retiring early to look after me - he won't qualify for carer's so no issue with how long he can get that abroad, if at all.

A_Step-Mum

Even the original legislation isn't illuminating

'A claimant is to continue to be entitled to an employment and support allowance during the first four weeks of a temporary absence from Great Britain if-;

(a)the period of absence is unlikely to exceed 52 weeks; and
(b)while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance.'

Hounded_out

OP - in case nobody else hasn't suggested this, can't you just call the DWP and ask for their guidance, Given the rather unusual nature of your query, they may have to go away and ask a more knowledgeable DWP staff member., and then get back to you You could in theory even be able to enquire on a hypothetical basis, i.e. without disclosing your personal data, but clearly if they suggest a call back then you'd have to give your NI number etc.

In the alternative, and unless somebody on this site can't give you a definitive evidence based response, can't you reach out to your Council's welfare unit, or CAB etc !?

Just a thought.

TELLIT01

A question such as this will almost certainly be handled by callback as the staff at the call centre won't know the answer. The OP isn't asking anything illegal so there is no reason to fear speaking to a Decision Maker. In fact, the ones I worked with will relish the challenge of coming up with an answer to an unusual scenario.
I wouldn't go the CAB route on a question such as this because they are more used to answering more 'standard' questions and don't always get the answers to those right from my experience.

NeilCr

TELLIT01 wrote: »

I wouldn't go the CAB route on a question such as this because they are more used to answering more 'standard' questions and don't always get the answers to those right from my experience.

I can only go on my CAB. We get many non standard questions which, I can tell you, have got a whole lot more complicated over the ten years that I have been there. And on a whole range of subjects - debt, benefits, employment, relationships, housing. When we see a client we have to give them information from trusted sources, we can't just google the answers.

That's why whenever I respond to a poster here I try to give a reliable source. It's how we are trained to do it.

I don't know the answer to this query. It is certainly not on our public site. It could be worth the OP going to CAB to see if one of the sources (maybe CPAG) has the information required or if they will contact one of the specialist units that CAB has.

Personally, I'd go with ringing the DWP in the first instance. It's a perfectly legitimate enquiry and you don't have to divulge who you are. "This is just a general question". But you could then ask for a reference to the answer.

Mind as we have seen on here DWP "paid" staff who only need to have knowledge of one particular area get it wrong quite often! :cool:

I usually find DWP staff friendly, helpful and approachable. I would start there myself.