ESA/PIP concerns about an abroad trip.

calcotti

There is a balance to be struck between simple guidance and more complicated instructions. Telling people to tell something avoids people possibility reporting things they should do and risking being overpaid. However the overzealous reporting of changes of for example medical results can result in people going through unnecessary changes. 

Fundamentally changes that do not impact on benefit entitlement do not have to be changed and obviously can’t be expected everybody know themselves. 

arnoldy

If you struggle to leave the house, just be prepared for these sort of scenes at the airports...

This will be very stressful.


Pictures show huge queues at Manchester Airport's new Terminal 2 - with suitcases piling up on conveyor belts and floors - Manchester Evening News

Charles_Foxtrot

One of the things that freaked me out and got me anxious dealing with DWP was a couple years ago when i called them via text relay to just tell them I changed banks and needed to sort out the change in sort code and account number. 

After all the song and dance the guy closed the conversation with something along of the lines of “if you’re untruthful you’ll have to pay all of your benefits back”. I can’t remember the exact wording but it was definitely along those lines and I couldn’t understand why letting them know that I switched bank accounts would prompt such a warning.

hence I am hypersensitive to any possibility of being seen “in the wrong” by DWP 

Charles_Foxtrot

Yeah thinking about all of this after calling the DWP about this today, is a lot of people are giving advice on what they would like the truth to be. The problem is, you need to inform the DWP if you're going abroad. Full stop. What used to be the case is irrelevant. 

If you don't believe what you see on the websites, or what armchair experts on this forum tell you, call the DWP and ask for yourselves. 

You can't just keep going abroad and never telling the DWP. Or you can, and then have fun trying to explain it when they pull you up on it. 

poppy12345

Charles_Foxtrot said:

Yeah thinking about all of this after calling the DWP about this today, is a lot of people are giving advice on what they would like the truth to be. The problem is, you need to inform the DWP if you're going abroad. Full stop. What used to be the case is irrelevant. 

If you don't believe what you see on the websites, or what armchair experts on this forum tell you, call the DWP and ask for yourselves. 

You can't just keep going abroad and never telling the DWP. Or you can, and then have fun trying to explain it when they pull you up on it. 

No, you didn't ring DWP, what you did was ring a call centre. Those people from a call centre have very limited knowledge and i would rather trust those "armchair experts" than someone from a call centre.

I will go ahead with my holiday next year and i will not be informing DWP im going because it's within the timescale allowed and it doesn't affect any of my benefits, therefore there's no need to tell them.

poppy12345

Charles_Foxtrot said:

Have fun with your multiple yearly holidays and never informing DWP despite the advice. 

Hopefully it’ll never catch up with you. Hopefully others reading this thread will look to alternative sources for information about something this important than relying on a random person on a forum. 

Happy holidays.

FYI I don’t have multiple yearly holidays! I do nothing wrong. It doesn’t affect my benefits so no need to tell them! 

If you think that ringing a call centre for advice should be taken over a forum with a lot more knowledge then you just carry on thinking that. 

Spoonie_Turtle

Charles_Foxtrot said:

Hopefully others reading this thread will look to alternative sources for information about something this important than relying on a random person on a forum. 

For sure, baseless unfounded claims should never be relied upon.  So please allow me to point to the sources:

Pip legislation:  https://www.legislation.gov.uk/uksi/2013/377/contents/made
Official guidance for decision makers (the people who are supposed to apply the law to people's cases):  https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide

ESA legislation: https://www.legislation.gov.uk/uksi/2013/379/contents/made
Legacy ESA guidance:  https://www.gov.uk/government/publications/decision-makers-guide-vols-8-and-9-employment-and-support-allowance-staff-guide

Of particular interest may be this part, from ADM chapter A2:

Evidence and Information in connection with an award A2118 - A2126

A2118 to A2123 apply to any person entitled to benefit, other than JSA, and any other person by whom or on whose behalf, payments of such benefit are receivable1. 1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(1)

A2119 A person must supply in such manner as may be determined within the period applicable under specified legislation1 such information or evidence as may be required for determining whether an award should be revised or superseded2. 1 UC, PIP, JSA & ESA (D&A) Regs, reg 45(4)(a); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 38(2) Note: See ADM Chapter A4 for the period in which information or evidence should be supplied.

A2120 A person must supply in such manner and at such times as may be determined such information or evidence as the Secretary of State may require in connection with payment of the benefit awarded1. 1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(3)

A2121 A person must notify any change of circumstances which the person might reasonably be expected to know might affect1
1. the continuance of entitlement to benefit or
2. the amount of benefit awarded or
3. the payment of benefit as soon as reasonably practicable after the change occurs.

And if one can't understand it straight from the source (there's a reason we have lawyers, because we the general public should not have to be well-versed in the law), they should seek accredited advice from proper benefits advisers who do understand it - NOT the DWP call handlers, I mean more along the lines of charities like the CAB with experienced advisers.

If people choose to ask on this forum, they do so in full knowledge that they don't ever know who exactly is giving the advice, and that they should try to verify any answers given if they are at all unsure.  That can include reading any cited sources given in the comments, as well as looking for advice elsewhere to confirm whether it's correct or not.  Ultimately whether someone chooses to follow advice given here is entirely their own responsibility.

poppy12345

Thanks spoonie.

Spoonie_Turtle said

A2121 A person must notify any change of circumstances which the person might reasonably be expected to know might affect1
1. the continuance of entitlement to benefit or
2. the amount of benefit awarded or
3. the payment of benefit as soon as reasonably practicable after the change occurs.

Which brings me back to “going away for less than 28 days doesn’t affect my benefits” therefore, there’s nothing to report.

tomtom256

Charles_Foxtrot said:

Have fun with your multiple yearly holidays and never informing DWP despite the advice. 

Hopefully it’ll never catch up with you. Hopefully others reading this thread will look to alternative sources for information about something this important than relying on a random person on a forum. 

Happy holidays.

What law or rule has been broken. Unless out of the country for more then the permitted period allowed, DWP wouldn't and couldn't do anything.

Questions may get asked and answered, but as nothing has affected entitlement, DWP would do diddly squat.