Can you go on multiple consecutive 1 month holidays abroad while on Universal Credit?

NCLDH

With the Covid travel rules easing I was wondering whether this would be possible. I am self employed and can carry out my business remotely, meaning I am not subject to  work search appointments and could theoretically complete my work while on 'holiday' at my parents villa abroad. 

The guidance suggest you can go abroad for 1 month at a time. Could I go abroad for a month, come back for few days, and then go abroad again for another month? Could I do this 10 times in a row? Or could this be a habitual residence rules? 

NCLDH

NCLDH said:

*Or could this be a breach of habitual residence rules? 

corrected above

calcotti

There is no limit on the number of temporary absences - but logically at some point the question of where the place of habitual residence is could arise.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1041952/admc1.pdf

C1986 For the purposes of deciding whether a person is “in GB” a temporary absence is disregarded provided that

1. the person was entitled to UC immediately before the temporary absence started and 

2. the absence

2.1 is not expected to exceed and 

2.2 does not exceed
one month.

http://data.parliament.uk/DepositedPapers/Files/DEP2021-0835/069_Going_Abroad_V7-0.pdf

There is no limit to the number of periods of up to 1 month allowed abroad each year. This is to reflect what was allowed within Tax Credits and so is aimed at working claimants, although this is available to all claimants.

NCLDH

calcotti said:

There is no limit on the number of temporary absences - but logically at some point the question of where the place of habitual residence is could arise.

Thanks. Yeah that is what I was thinking. Does anyone have any idea at what point this could arise?

calcotti

NCLDH said:

calcotti said:

There is no limit on the number of temporary absences - but logically at some point the question of where the place of habitual residence is could arise.

Thanks. Yeah that is what I was thinking. Does anyone have any idea at what point this could arise?

I can't find guidance on that.

Nannytone

Since brexit, you wouldnt be allowed to spend 10 months a year in an EU country

NCLDH

Nannytone said:

Since brexit, you wouldnt be allowed to spend 10 months a year in an EU country

You can if you have an EU passport

Grumpy_chap

NCLDH said:

With the Covid travel rules easing I was wondering whether this would be possible. I am self employed and can carry out my business remotely, meaning I am not subject to  work search appointments and could theoretically complete my work while on 'holiday' at my parents villa abroad. 

The guidance suggest you can go abroad for 1 month at a time. Could I go abroad for a month, come back for few days, and then go abroad again for another month? Could I do this 10 times in a row? Or could this be a habitual residence rules? 

I am no expert in benefits rules but in the above scenario you would be spending virtually 10 months out of the country with 1 weekend in four back in the UK, or similar.

Would you be maintaining your current address as your "permanent place of residence" in the UK, or would the weekend visits back be staying over at friends or other temporary arrangements?  Where will banks accounts etc all send communications to?

I can see, from a "habitual residence" test, whether or not you have a maintained residence might be a factor that could be considered at some point in time.

If you are maintaining a permanent residence in the UK but leave it vacant for long periods, that may affect insurance cover.

NCLDH

Grumpy_chap said:

Would you be maintaining your current address as your "permanent place of residence" in the UK, or would the weekend visits back be staying over at friends or other temporary arrangements?  Where will banks accounts etc all send communications to?

I can see, from a "habitual residence" test, whether or not you have a maintained residence might be a factor that could be considered at some point in time.

If you are maintaining a permanent residence in the UK but leave it vacant for long periods, that may affect insurance cover.

The idea is still hypothetical. I would likely spend less time than 10 months, the figure was fairly arbitrary. The idea would be to maintain a permanent residence and continue my tenancy and bank account within the UK throughout the time I was on holiday. All communication sent to my UK address. Even if I spent more of the year abroad, the UK would remain my place of residence for every other intent and purpose. I looked up a few legal judgements on the matter, but the interpretation of habitual residence seems highly subjective. 

theoretica

NCLDH said:

Nannytone said:

Since brexit, you wouldnt be allowed to spend 10 months a year in an EU country

You can if you have an EU passport

Habitual residence seems also to depend on if you have UK nationality or if not when you got settled status.

Spend too long in another country and you may become liable for tax returns there.

powerful_Rogue

NCLDH said:

Nannytone said:

Since brexit, you wouldnt be allowed to spend 10 months a year in an EU country

You can if you have an EU passport

No such thing as an EU passport.......yet