Didn't know I couldn't continue claiming ESA while abroad

Casterly

I left the uk for a holiday and then got offered a job and decided to stay.

i havent been working as i have been waiting for my work visa so I have carried on receiving ESA.

I just was about to call and explain im starting work here now and saw you can only claim for a month out the uk and I've been claiming for nearly 5!!!

I want to call dwp and explain and offer to pay it back when i start work in installments but im afraid they will say have committed benefit fraud... i just didn't know!!!!

Advice please - how do i explain? I think i owe maybe 2k back!

pmlindyloo

If you are receiving contribution based ESA (or you have a contribution based claim with an income based 'top up') then you may be able to claim the contribution based part of ESA if you live in an EEA country.

You need to telephone, apologise profusely and hope for the best.

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

poppy12345

You will definitely need to ring DWP and tell them. If you wait any longer and they find out the the situation could possibly be even worse. Ring them today and tell them and offer to repay back the money you owe. The worst that can happen is you have a fine on top of the overpayment.

KatrinaWaves

Just tell them. Honesty is always the best policy, even fi tehy do consider it fraud rather than a mistake, its unlikely to cause repercussions as long as you agree a reasonable repayment plan.

sammyjammy

So you went on holiday and got offered a job and took it (if you hadn't waited for a work visa you'd presumably have started straight away?), despite being declared unfit for work, even if you hadn't been abroad in these circumstances surely you should have stopped your claim for ESA?

Casterly

It was depression and anxiety - I went abroad to get my head together and found work.

I only continued to claim because I didn't have an income and it was being paid.

I haven't had any communication as to my health or anything for ages.

If my visa came earlier I'd have called earlier. I thought I could claim until I started work.

I'm not exactly better, just attempting to start a new job and get better - it may well be too much for me but I wanted to get off of the benefits system and try and support myself

Casterly

You don't just cancel your esa and claim you are well simply because you are trying to find a job and get your mental health and life back on track

poppy12345

Casterly wrote: »

You don't just cancel your esa and claim you are well simply because you are trying to find a job and get your mental health and life back on track

When moving abroad it's totally different, especially if you're claiming Income related.

Casterly

I didn't know and I wasn't in the best mental shape when I left and expected to be back in a few weeks

OhWow

Casterly wrote: »

i havent been working as i have been waiting for my work visa

pmlindyloo wrote: »

you may be able to claim the contribution based part of ESA if you live in an EEA country.

You don't need a "work visa" in another EEA country. Under Free Movement treaty rights, you can just work in another EEA country.

Casterly

Called them and explained - they said it wil now be calculated to see what I owe back and there could be a small fine. I said no problem just send me what I owe and I'll make a payment plan.