Family holiday / ESA & ADP

britoonz

Charles_Foxtrot said:

Whatever works for you. I'm paranoid by nature and it eases my mind to do what it says on the government websites. Never had a problem by informing them. 

Can i ask what information they asked you for? what did u say etc.? I hope its ok to ask?

Muttleythefrog

britoonz said:

The bottom line is am i 'allowed' to travel or am i putting my ESA at  risk and might looses it?

I think I can solve your problem. You're getting different answers because government website isn't consistent with regulations which aren't consistent with actual practice and different benefits have differing rules and approaches... indeed different agents you contact might.

It's evident from your posts you (perhaps partner too) are fearful and anxious and so really the below seems best. If you don't do the below I predict you're going to remain anxious and get nowhere further on the issue... may even end in arguments between the two of you if you're anything like me and my wife. It can be put to bed.

1. The holiday of 10 days is perfectly fine.
2. Tell your wife "You're getting different answers according to the people on MSE benefits advice because government website isn't consistent with regulations which aren't consistent with actual practice and different benefits have differing rules and approaches."
3. Inform each of 'the benefits' of her intention for holiday (ideally she makes the call but you can if she needs help) then you have at worst provided more info than required. It won't cause problems. Make a note of the call and time made - for your own records.
4. They're only likely to want to know the dates and may not even ask for that if you say it's for 10 days- it's possible they might just say 'yes that's fine, enjoy.. you only need tell us if out of the country more than 4 weeks'. 

Suggest you do above (caveat - if holiday dates are known) for your own peace of mind and if they ask for any follow up info just provide it.

5. Forget about benefits and Enjoy holiday.. and if faced with a Floridian alligator and Trump supporter try to rescue the former from the mouth of the latter

Robbie64

Technically, you are supposed to inform each office that pays your benefits if you are going abroad, even if it is just for one day. I realise that not many people do inform the DWP but as I posted, technically you are supposed to.

In fact at one time, prior to ESA being introduced (when the main sickness benefit was Incapacity Benefit), you were supposed to inform the DWP if you were away from your home even for one night - it was a legal requirement to tell the DWP where you were staying at any time even if it was just in the UK. This was actually unique to Incapacity Benefit and went back to when the old Sickness Benefit was introduced in the 1940s. I can't see that this was carried over to ESA but the requirement to inform the DWP if you are leaving Great Britain is still there (including if you are going to Northern Ireland). It's not in legislation as far as I am aware but it is an administrative requirement. But, as I posted, hardly anyone does inform the DWP. In return the DWP seem not to care if someone goes abroad and doesn't inform them when it is a benefit for which the person does not have to be actively seeking work.

HillStreetBlues

Robbie64 said:

Technically, you are supposed to inform each office that pays your benefits if you are going abroad, even if it is just for one day. I realise that not many people do inform the DWP but as I posted, technically you are supposed to.

In fact at one time, prior to ESA being introduced (when the main sickness benefit was Incapacity Benefit), you were supposed to inform the DWP if you were away from your home even for one night - it was a legal requirement to tell the DWP where you were staying at any time even if it was just in the UK. This was actually unique to Incapacity Benefit and went back to when the old Sickness Benefit was introduced in the 1940s. I can't see that this was carried over to ESA but the requirement to inform the DWP if you are leaving Great Britain is still there (including if you are going to Northern Ireland). It's not in legislation as far as I am aware but it is an administrative requirement. But, as I posted, hardly anyone does inform the DWP. In return the DWP seem not to care if someone goes abroad and doesn't inform them when it is a benefit for which the person does not have to be actively seeking work.

There in nothing is ESA regs that I could find that states you have to tell them specifically about going abroad.
There is a cause clause that you inform them  if you are away from your residence (so that could mean home or abroad).  But that is too wide in scope to be enforced. It doesn't say overnight, or days, just " away from your residence". So you are away from your residence if you go shopping, pop in to see a neighbour etc. So technically you should contact them when you leave your home to do anything, but no one would want that done, that's why to my knowledge there has never been a case where the DWP have tried to enforced this rule.