ESA and living away from home in the UK

Teasedale

Reading the "The Employment and Support Allowance Regulations 2008" (as amended) I see that in part 12 (entitled Disqualification), benefit can be suspended if "the claimant ... is, without good cause, absent from the claimant’s place of residence without leaving word with the Secretary of State where the claimant may be found."

So what length of absence could trigger this disqualification? Is it OK to go to out shopping? Visit friends and family for a weekend? Spend the summer in someone else's holiday home? At what point does the Secretary of State decide that the claimant is in fact resident elsewhere than the original place of residence?

I am specifically excluding absence outside the UK because that is extensively dealt with in the regulations and commented on. Does nobody holiday in the UK these days?

poppy12345

Of course it's ok to go out shopping and visit family for the weekend, if everyone rang DWP everytime they went out through the door then that would be ridiculous.



If you're planning on spending the summer away from your usual address then my thoughts are you need to tell them. If you're sent another ESA50 form and you're not at home how will you know? Others will give their views i'm sure.

Placitasgirl

I think the key here is common sense when interpreting the "without good cause" clause on absence from the claimant's place of residence. The title of your thread refers to "LIVING away from home", which to me would mean that the DWP should be informed.

Shopping, dental/medical appointments, going to the cinema, meeting or visiting friends for the weekend are all part of everyday life and would in no way be questioned I'm sure.

However, spending the summer away from your usual place of residence could I believe be considered a change of circumstances and claimants have a responsibility to report changes of circumstance to the DWP if they are claiming benefits. I think it's possible they would be interested in a change for the whole summer and may wish to explore whether this was "without good cause" and may impact the payment of benefits.

TELLIT01

As you only have to notify ESA if you are going to be out of the country for more than 28 days that would seem a reasonable start point for absence in this country. If you are on holiday for a couple of weeks it's not a problem. If you are away for many weeks, and ESA can't contact you, it is likely to be a problem for you as benefit may be suspended.

Teasedale

Thanks for your suggestions folks, but the key question is "At what point does the Secretary of State decide that the claimant is in fact resident elsewhere than the original place of residence?", or to put it another way, "how much time can elapse before the SoS decides that the claimant is absent?". That will be a number of days or weeks, and will be somewhere in a footnote or in practice guidance. I just haven't found it yet, and the rules seem pretty open-ended without it.

Forgive my heavy attempt at humour poppy, so weak that you reasonably mistook it for stupidity! I shall try harder.

poppy12345

Teasedale wrote: »

Forgive my heavy attempt at humour poppy, so weak that you reasonably mistook it for stupidity! I shall try harder.

I didn't accuse you of being stupid, but you did ask the question to which i answered!


As others have said if you're planning on being away from home for weeks and weeks, more than 4 weeks for EG then you should inform DWP.

Teasedale

Sunny_Intervals wrote: »

Have you tried submitting a freedom of information request?

Great idea Sunny, thanks, though it will take a while.

Teasedale

Facts rule folks. Common sense interpretations are all very well... until they don't fit with what the DWP, etc want to do to you. That's when you need to know the facts or accept the consequences.

poppy12345 wrote: »

... if you're planning on being away from home for weeks and weeks, more than 4 weeks for EG then you should inform DWP.

Where does that 4 weeks statistic come from? I couldn't see it anywhere other than in relation to being outside the UK.

bspm1

Teasedale wrote: »

Facts rule folks. Common sense interpretations are all very well... until they don't fit with what the DWP, etc want to do to you. That's when you need to know the facts or accept the consequences.

Where does that 4 weeks statistic come from? I couldn't see it anywhere other than in relation to being outside the UK.

43. All Employment Support Allowance (ESA) participant groups are not limited to
the amount of time they are allowed to spend away from home within Great
Britain. They are not expected to notify yourselves or the Benefit Centre if they
go on holiday.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/678189/whp-provider-guidance-chapter-10-change-of-circumstances.pdf

Not sure if this is your answer, cant see anything that gives a time limit whilst being away from 'home' in the UK.
But you might not want to listen to me, I am, after all, someone who leaves the UK for many four week breaks abroad.

:beer:

tomtom256

Teasedale wrote: »

Thanks for your suggestions folks, but the key question is "At what point does the Secretary of State decide that the claimant is in fact resident elsewhere than the original place of residence?", or to put it another way, "how much time can elapse before the SoS decides that the claimant is absent?". That will be a number of days or weeks, and will be somewhere in a footnote or in practice guidance. I just haven't found it yet, and the rules seem pretty open-ended without it.

Forgive my heavy attempt at humour poppy, so weak that you reasonably mistook it for stupidity! I shall try harder.

So you are not actually looking for help then, just here for a laugh!


What actual benefit help do you need?

calcotti

bspm1 wrote: »

43. All Employment Support Allowance (ESA) participant groups are not limited to
the amount of time they are allowed to spend away from home within Great
Britain. They are not expected to notify yourselves or the Benefit Centre if they
go on holiday.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/678189/whp-provider-guidance-chapter-10-change-of-circumstances.pdf

Not sure if this is your answer, cant see anything that gives a time limit whilst being away from 'home' in the UK.
But you might not want to listen to me, I am, after all, someone who leaves the UK for many four week breaks abroad.

:beer:

Also interesting is
47. ESA participants can go abroad for a period of up to four weeks and do not have to notify Jobcentre Plus that they are doing so.

I’m sure there have been discussions in this forum before about whether claimant is expected to tell the DWP before going abroad.