Universal Credit holiday

sheramber

HillStreetBlues said:

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.

In that case the intention is only to be away for 4 weeks.

however E4152 STATES 

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 . 

examples 1&2 

Example 1 Huw and Isobel are LTAMC and in receipt of UC. Isobel is involved in a road accident and is admitted to hospital with life-threatening injuries. She needs prolonged treatment and rehabilitation and is expected to be in hospital for about 8 months. The DM treats Huw and Isobel as no longer LTAMC from the date of Isobel’s admission to hospital.

Example 2 Louie and David are LTAMC and in receipt of UC. David obtains work abroad and has a contract of employment for 18 months. The DM treats Louie and David as no longer LTAMC from the date that David goes abroad. 

So it depends on how long it is intended to stay

Muttleythefrog

To clarify. Ideally I wanted her to go abroad for around 2 months.. certainly not 6 as that would pose problem for impending naturalisation application.  28 days may just not be suitable/worth it so we might need a rethink. 

NedS

HillStreetBlues said:

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?

Good question. The rule applies to each claimant individually - you must be in the country (or not absent for more than 28 days) to be eligible to claim UC

In this case, if the partner is abroad for more than 28 days, there is no entitlement to UC so their claim must close (they can reclaim when they return). Technically, I'm not sure how that would be achieved. There are a number of options, and I'm not sure how they would handle it. They could:

1. Temporarily mark the claimant who is abroad as an ineligible partner (becoming eligible again upon their return to the UK and satisfactory HRT outcome)
2. Reporting a change of no longer living together to separate the joint claim and then close the partner's claim who has gone abroad. But as per guidance above, as the separation is expected to be less than 6 months, this doesn't seem appropriate.
3. Close the claim as the joint claim cannot continue if one member is not entitled, and ask the other member to reclaim as single, but as per #2 above, technically they are still a couple.

Note that the day they leave the UK and day they return are not included in the 28 day calculation, so they could fly on the 1st and return on the 30th and be OK. Normally claimants are expected to attend a face to face appointment at the jobcentre upon their return to prove they are back in the UK.

HillStreetBlues

@NedS
Isn't ESA 28 days and UC a month?

Muttleythefrog

NedS said:

HillStreetBlues said:

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?

Good question. The rule applies to each claimant individually - you must be in the country (or not absent for more than 28 days) to be eligible to claim UC

In this case, if the partner is abroad for more than 28 days, there is no entitlement to UC so their claim must close (they can reclaim when they return). Technically, I'm not sure how that would be achieved. There are a number of options, and I'm not sure how they would handle it. They could:

1. Temporarily mark the claimant who is abroad as an ineligible partner (becoming eligible again upon their return to the UK and satisfactory HRT outcome)
2. Reporting a change of no longer living together to separate the joint claim and then close the partner's claim who has gone abroad. But as per guidance above, as the separation is expected to be less than 6 months, this doesn't seem appropriate.
3. Close the claim as the joint claim cannot continue if one member is not entitled, and ask the other member to reclaim as single, but as per #2 above, technically they are still a couple.

Note that the day they leave the UK and day they return are not included in the 28 day calculation, so they could fly on the 1st and return on the 30th and be OK. Normally claimants are expected to attend a face to face appointment at the jobcentre upon their return to prove they are back in the UK.

All good questions..... and also I wonder what would happen to the housing element... which we expect to get awarded in around a month's time following a 9 month wait.... could the clock reset on that...lol... complicated sufficient to deter I think. Thanks for pointing out 'day of travel' not included matter (I wasn't sure but I know immigration work with that principle).

poppy12345

Muttleythefrog said:

NedS said:

HillStreetBlues said:

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?

Good question. The rule applies to each claimant individually - you must be in the country (or not absent for more than 28 days) to be eligible to claim UC

In this case, if the partner is abroad for more than 28 days, there is no entitlement to UC so their claim must close (they can reclaim when they return). Technically, I'm not sure how that would be achieved. There are a number of options, and I'm not sure how they would handle it. They could:

1. Temporarily mark the claimant who is abroad as an ineligible partner (becoming eligible again upon their return to the UK and satisfactory HRT outcome)
2. Reporting a change of no longer living together to separate the joint claim and then close the partner's claim who has gone abroad. But as per guidance above, as the separation is expected to be less than 6 months, this doesn't seem appropriate.
3. Close the claim as the joint claim cannot continue if one member is not entitled, and ask the other member to reclaim as single, but as per #2 above, technically they are still a couple.

Note that the day they leave the UK and day they return are not included in the 28 day calculation, so they could fly on the 1st and return on the 30th and be OK. Normally claimants are expected to attend a face to face appointment at the jobcentre upon their return to prove they are back in the UK.

All good questions..... and also I wonder what would happen to the housing element... which we expect to get awarded in around a month's time following a 9 month wait.... could the clock reset on that...lol... complicated sufficient to deter I think. Thanks for pointing out 'day of travel' not included matter (I wasn't sure but I know immigration work with that principle).

Why have you had to wait 9 months for the housing element to paid?

Muttleythefrog

poppy12345 said:

Muttleythefrog said:

NedS said:

HillStreetBlues said:

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?

Good question. The rule applies to each claimant individually - you must be in the country (or not absent for more than 28 days) to be eligible to claim UC

In this case, if the partner is abroad for more than 28 days, there is no entitlement to UC so their claim must close (they can reclaim when they return). Technically, I'm not sure how that would be achieved. There are a number of options, and I'm not sure how they would handle it. They could:

1. Temporarily mark the claimant who is abroad as an ineligible partner (becoming eligible again upon their return to the UK and satisfactory HRT outcome)
2. Reporting a change of no longer living together to separate the joint claim and then close the partner's claim who has gone abroad. But as per guidance above, as the separation is expected to be less than 6 months, this doesn't seem appropriate.
3. Close the claim as the joint claim cannot continue if one member is not entitled, and ask the other member to reclaim as single, but as per #2 above, technically they are still a couple.

Note that the day they leave the UK and day they return are not included in the 28 day calculation, so they could fly on the 1st and return on the 30th and be OK. Normally claimants are expected to attend a face to face appointment at the jobcentre upon their return to prove they are back in the UK.

All good questions..... and also I wonder what would happen to the housing element... which we expect to get awarded in around a month's time following a 9 month wait.... could the clock reset on that...lol... complicated sufficient to deter I think. Thanks for pointing out 'day of travel' not included matter (I wasn't sure but I know immigration work with that principle).

Why have you had to wait 9 months for the housing element to paid?

I understand that's the 'waiting period' rules (along with zero earnings over that period) to qualify for help with maintenance fees/service charges (leasehold property - owned). These are fees we've never had previously - we bought the property last August. I'm assuming we'll get no help with ground rent.

huckster

I believe the process is to note the absent partner as ineligible. If the absence then exceeds 6 months, a UC agent then processes change no longer living with partner, so the claim record is then only for the person remaining in UK.

In regard to housing, as long as no employment earnings in 9 monthly assessment periods then the service charges including ground rent can be included. But you will probably need to remind UC through journal as it won't happen automatically.