What time period is my wife allowed abroad

Giraffe76

Hi all,

My wife claims PIP and wants to start spending the maximum amount of time abroad away from the cold winters so how long is she allowed abroad and what period do the. Dwp monitor her for? Eg January to December or the financial year  or isn't it done by another method?
Regards mark

Robbie64

A person can be temporarily absent from Great Britain for a maximum of 52 weeks and still qualify for PIP. However, PIP will only be paid for the first 13 weeks as the person will be treated as still being present in GB during those 13 weeks. For someone who is travelling abroad for medical treatment, the 13 weeks period is extended to 26 weeks. Once 13 weeks / 26 weeks is reached, the person is no longer treated as being present in GB, but instead is treated as being absent from GB and PIP will be suspended. If the absence exceeds 52 weeks the person will no longer qualify for PIP.

If it is known from the outset that the absence will exceed 52 weeks then I'm surmising PIP will cease when the person leaves GB.

The period is simply from when the person leaves the UK to when the person returns. It doesn't run to calendar years (ie January to December) nor to financial years.

TELLIT01

Failing to inform DWP and therefore continuing to receive PIP beyond the 13 week qualifying period will result in an overpayment to pay back with possibly a fine on top of that.

Giraffe76

TELLIT01 said:

Failing to inform DWP and therefore continuing to receive PIP beyond the 13 week qualifying period will result in an overpayment to pay back with possibly a fine on top of that.

Hi, thanks for your reply. Can I be very clear that my wife isn't looking to do anything illegal and now that we know it's a 13 week limit she will actually only go abroad for 12 weeks of the year.

Regards mark 

Giraffe76

Robbie64 said:

A person can be temporarily absent from Great Britain for a maximum of 52 weeks and still qualify for PIP. However, PIP will only be paid for the first 13 weeks as the person will be treated as still being present in GB during those 13 weeks. For someone who is travelling abroad for medical treatment, the 13 weeks period is extended to 26 weeks. Once 13 weeks / 26 weeks is reached, the person is no longer treated as being present in GB, but instead is treated as being absent from GB and PIP will be suspended. If the absence exceeds 52 weeks the person will no longer qualify for PIP.

If it is known from the outset that the absence will exceed 52 weeks then I'm surmising PIP will cease when the person leaves GB.

The period is simply from when the person leaves the UK to when the person returns. It doesn't run to calendar years (ie January to December) nor to financial years.

Hi, thanks for your reply. Now that we know what the limitations are she will stay within them.

Regards mark 

peteuk

Giraffe76 said:

TELLIT01 said:

Failing to inform DWP and therefore continuing to receive PIP beyond the 13 week qualifying period will result in an overpayment to pay back with possibly a fine on top of that.

Hi, thanks for your reply. Can I be very clear that my wife isn't looking to do anything illegal and now that we know it's a 13 week limit she will actually only go abroad for 12 weeks of the year.

Regards mark 

Many would argue there are massive benefits both physically and mentally to what your wife’s planning to do.  Most of the advise on her is positive and those providing it, wouldn’t want to watch you fall into an overpayment.

Spoonie_Turtle

Giraffe76 said:

TELLIT01 said:

Failing to inform DWP and therefore continuing to receive PIP beyond the 13 week qualifying period will result in an overpayment to pay back with possibly a fine on top of that.

Hi, thanks for your reply. Can I be very clear that my wife isn't looking to do anything illegal and now that we know it's a 13 week limit she will actually only go abroad for 12 weeks of the year.

Regards mark 

If she wants to (and can) go abroad multiple times they can add up to more than 12 weeks, it's just if any one absence exceeds 13 weeks that you start having problems.

Obviously someone needs to be in the country enough to still count as living here, but she needn't worry if she wants to/can go abroad at other times as well for any reason.  (Obviously I know it might not be financially feasible, in just saying in case it is something she'd be in a position to do.)

iklepig

Just out of curiosity, is the maximum
- ‘a maximum of 13 weeks in a 52 week period’

or
- ‘a maximum of of 13 weeks at anyone time’ (ie. Go abroad for 12 weeks. Come home for a day/week/month and then go abroad for another 12 weeks) 

Spoonie_Turtle

iklepig said:

Just out of curiosity, is the maximum
- ‘a maximum of 13 weeks in a 52 week period’

or
- ‘a maximum of of 13 weeks at anyone time’ (ie. Go abroad for 12 weeks. Come home for a day/week/month and then go abroad for another 12 weeks) 

Something pinged in my brain about 'habitually resident' and I found this:

"C2020 Under the Act, a person is not entitled to PIP unless they meet prescribed conditions relating to residence and presence in GB

C2021 The prescribed conditions are that on any day the claimant

1. is present in GB and

2. has been present in GB for a period of (or periods amounting in total to) 104 weeks in the 156 weeks 

immediately preceding that day and

3. is habitually resident in the UK, the Republic of Ireland, the Isle of Man or the Channel Islands"

People who know about the rules, does this apply continuously or is chapter C2 more about people starting a claim for PIP?

If it does apply continuously then it would imply that out of a rolling 3 years one could be temporarily absent for a cumulative year, so one can have a spell of multiple long temporary absences, or multiple shorter temp absences, but not multiple 13-week absences every year.

(Of course if the person also claims an income-replacement benefit, the maximum absence allowed for those is usually 4 weeks or one month.)

sheramber

If she is going to a Schengen  country she can only stay for 90 days in a rolling 180 day period, without a visa. 

sammyjammy

sheramber said:

If she is going to a Schengen  country she can only stay for 90 days in a rolling 180 day period, without a visa. 

Assuming she doesn't have a passport or citizenship for the country she is visiting...