Universal Credit holiday

Muttleythefrog

Quick query.

Partner and I claim Universal Credit. I have LCWRA and she is my carer so we get those components and are both without work related commitments for the claim.
I also get PIP and Contribution Based ESA.
Next month we should start getting help with housing costs regarding maintenance fees in our owned leasehold apartment as it is approaching 9 months since these fees started to be incurred and we've had zero earnings.

My partner is foreign and hasn't seen her mother and sister for over 7 years. She wants to take an extended holiday to stay with her mother for what could well be the last time she sees her alive and while there get some dental work done etc that is simply not realistic here in the UK. Planning such a trip won't be cheap or simple. I won't be going.

1. Am I right in considering that she cannot leave the country for more than a month (for one trip) without it causing a problem regarding our Universal Credit claim?
2. If yes and she did go on holiday for longer than a month what would happen to our joint U/C claim and the respective components?

Regards and thanks in advance.

huckster

1) yes limit is one month.
2) loss of benefit amounts under UC for your partner if absence exceeds one month.

Rubyroobs

I would think if your partner is no longer caring for you as they have gone abroad then the carers element of UC would stop straight away ? Unless providing 35 hours a week of phone support?

sheramber

If the absence is for up to 4 week then you can be still be treated as a couple living together.

If the absence is expected to be more than 4 weeks you will cease to be considered a couple from the date she leaves

Absence of one party expected to, or exceeds, 6 months E4152 Where the claimant is a member of a couple and the other member is temporarily absent from the claimant’s household, they cease to be treated as a couple if that absence is expected to, or exceeds, 6 months1 . 

 ADM Chapter E4: Universal Credit – Living together as a married couple

poppy12345

Rubyroobs said:

I would think if your partner is no longer caring for you as they have gone abroad then the carers element of UC would stop straight away ? Unless providing 35 hours a week of phone support?

You can take a break for up to 4 weeks in any 6 month period and not lose entitlement to CA. https://www.ageuk.org.uk/information-advice/care/helping-a-loved-one/respite-care/

HillStreetBlues

sheramber said:

If the absence is for up to 4 week then you can be still be treated as a couple living together.

If the absence is expected to be more than 4 weeks you will cease to be considered a couple from the date she leaves

Absence of one party expected to, or exceeds, 6 months E4152 Where the claimant is a member of a couple and the other member is temporarily absent from the claimant’s household, they cease to be treated as a couple if that absence is expected to, or exceeds, 6 months1 . 

 ADM Chapter E4: Universal Credit – Living together as a married couple

I read it as if under 6 months then they will still be treated as a couple.

Muttleythefrog

Thanks for the advice all....

So it sounds like really the only option is for her to holiday for 28 days (or less) to prevent the claim being affected.

I assume there is no flexibility/discretion and so no point asking in journal if greater time could be given in advance of any bookings for flights. 

I am thinking it is barely worth it.... might be cheaper and simpler to get my mother in law over for an extended stay...lol

sammyjammy

There is no exemption to the 28 days, they cannot apply discretion in these circumstances.

OhWow

Muttleythefrog said:

My partner is foreign and hasn't seen her mother and sister for over 7 years.

I assume that she has at least ILR or British citizenship now?

If she hasn't any of these, then she cannot have Universal Credit.

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

Muttleythefrog

OhWow said:

Muttleythefrog said:

My partner is foreign and hasn't seen her mother and sister for over 7 years.

I assume that she has at least ILR or British citizenship now?

If she hasn't any of these, then she cannot have Universal Credit.

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

Yes ILR. She has passed the 'HRT' for U/C and is legitimately receiving U/C.

HillStreetBlues

Looking at E4151




It looks clear that the OP  remains a couple as it's classed a a temporary absence of under 6 months.

But what I find unclear is what deductions (if any)  are made and how would it be calculated?
Is the month rule if both of the people in a couple go abroad for over a month?