Going abroad for medical treatment

Zziggi

Hi everyone,

I could do with some information around benefits and medical treatment abroad. This is for a dear friend and I said I would try to find out.

My friend needs a relatively straightforward operation which has an extremely lengthy NHS waiting list. They are on that waiting list and have been informed of how long they will have to wait and there's no chance of been prioritised faster. The cost of going private here is just too much for them or their parents to pay. Their parents (abroad) are willing to pay for them to have the treatment in their country of origin (where my friend's parents still live) as it is considerably cheaper than private healthcare in the UK and then they can recover at their parent's home until they are well enough to come back here. They are worried about how that'll affect their benefits. My friend has a legal right to be in the UK and is free to enter and leave - so that's not an issue. They live in the UK with their British spouse. They currently get PIP, ESA (New style) as was transferred over from IB. They have LCWRA. As a couple they get UC with a small amount of transitional protection. Their spouse works but earns little so they have a UC entitlement. The proposed operation would help improve their quality of life but because they also have a genetic condition, the operation won't cure or improve their life totally. They are still going to qualify for the disability benefits at the same rate as the overall functioning will not have changed. (I don't want to discuss the details of their operation for privacy reasons, so take my word for it that the type of operation they need will not affect their functioning and therefore should not affect their disability benefit rates entitlements).

How long they will be abroad depends on how the operation goes and the recovery time needed. My understanding is that my friend can be abroad for up to 4 weeks without it affecting benefits. I understand that the time you are abroad can be extended if you go abroad for medical treatment - up to 13 weeks for PIP and up to 26 weeks for ESA, I don't know how long for UC. (1) My friend will have proof of the operation. Will getting approval from the DWP to be abroad longer for medical treatment a straightforward process? Is this approval usually provided?

The operation is expected to be straightforward and recovery too, but in a worst case scenario where something goes wrong or recovery takes longer and my friend needs to be abroad for longer than the allowed time for medical treatment/or if permission is not given to be abroad longer than 4 weeks, (2) what happens then? Do the benefits stop? Are the benefits cancelled or just put on hold/temporarily suspended?

(3) If the benefits stop, when my friend has recovered from the op and returns, does my friend have to start a new claim and be reassessed or can the benefits be restarted as before? (4) Would they still be eligible for the same benefits at the same rates? Would they still have LCWRA?

My friend will be going alone as their parents will be able to care for them during recovery and my friend's spouse will be staying here for work, (5) So if my friend is away for longer than permission has been given/or if permission is not given to be abroad longer than 4 weeks, what happens to joint benefits like UC and the transitional protection?

Personally, I think this is a minefield and I'd just wait for the NHS but I do understand my friend's reasoning for wanting to get the op done quicker. They have been presented with this option by their parents and want to see if it is feasible without losing their benefits. Also their spouse will still be here working, claiming some UC and obviously need to keep UC claim due to housing costs.

Does anyone have any sources of information around this or any advice around this please?

Spoonie_Turtle

https://www.legislation.gov.uk/uksi/2013/376/regulation/11

Paragraph 3 allows for absence up to 6 months for medical treatment.

(3) This paragraph applies where the absence is not expected to exceed, and does not exceed, 6 months and is solely in connection with—

(a)the person undergoing—

(i)treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner, or

(ii)medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the person had that illness or impairment before leaving Great Britain;

If they are abroad for longer I would assume all benefits will stop and yes they'd need to be reassessed when they claimed again, but someone else will have to confirm (or correct).

GrubbyGirl_2

She also needs to think about travel insurance, she will need to declare the surgery and to not do so would be very risky if something goes wrong and she needs repatriation from wherever she is

huckster

Your friend will need to contact each of the benefits separately with the information and ask for a decision regarding entitlement once they leave Great Britain. The decision will advise the time limit for each benefit.

if after the operation and recovery period, there are any issues causing the stay outside GB to extend beyond the time limit for the benefits, they will need to provide information to benefits for consideration by decision makers.

The benefits are likely to be closed once the time limit for each benefit is reached and new claims would have to be submitted on return to GB. And new assessments would be needed in regard to health barriers.

Robbie64

Also, have a look at https://www.gov.uk/claim-benefits-abroad as that has the rules on temporary absences from the UK for medical treatment for PIP< ESA and UC.

Zziggi

Thank you for replying. So as I understand it, my friend can go abroad for up to:

UC - 4 weeks and it can be extended to up to 26 weeks for medical treatment if permission is granted

ESA - 4 weeks and it can be extended to up to 26 weeks for medical treatment if permission is granted

PIP - 3 months - can this be extended if it is for medical treatment? (I can't find any info on this)

Thanks again.

huckster

PIP guidance

Absence to Receive Medical Treatment
C2059 Where1

1. the claimant’s absence is unlikely to exceed 52 weeks and
2. the absence is solely in connection with arrangements made for the medical treatment (see C2060) of
   the claimant for a disease or bodily or mental disablement (which started before the claimant left GB)
   and
3. the arrangements referred to in sub-paragraph 2. relate to medical treatment (see C2060)
   3.1 outside GB and
   3.2 during the period whilst the claimant is temporarily absent from GB and
   3.3 by, or under the supervision of, a person appropriately qualifed to carry out that treatment
   that claimant shall be treated as present in GB for the frst 26 weeks of the absence.
   
4. Example
   The claimant, a British citizen, left Britain for the Czech Republic. Her absence was solely in connection
   with arrangements for medical treatment. The treatment was supervised by appropriately qualifed
   doctors in the Czech Republic. Her intention at the outset was to return to GB within 52 weeks. She
   remained habitually resident in the UK. Although the claimant claimed whilst she was in the Czech
   Republic as she was still habitually resident in GB this wasn’t a frst claim from abroad.
   At the UT Judge Ward decided that as the claimant was habitually resident in the UK and hadn’t switched
   her habitual residence then she was therefore subject to domestic legislation. The claimant’s temporary
   absence was for 26 weeks, and they had intended to return within 52 weeks. The claimant was entitled
   to both components for the remainder of the temporary absence but not beyond that period.
   1 SS (PIP) Regs, reg 18

iklepig

I’m quite curious about this as I may go down this road myself and have treatment abroad because the NHS is so sloooow. My husband is on PIP and he is my carer (unofficially - he doesn’t receive carers allowance). If he were to accompany me and therefore be out the country with me, would the time extensions (26 weeks) also apply to him?

huckster

I don't think the time extensions apply to a partner. Your partner would need to look into their specific benefit claim information.

@iklepig if you have questions, you should add a new thread post for yourself, rather than add posts about your own circumstances to someone else's thread.

Murphybear

when having surgery abroad don’t forget to factor in follow up treatments such as Physiotherapy and appointments with the surgical dept if relevant.

When I had my knee replaced I had Physio every day for months then once a year follow up with the Orthopaedic Consultant for 10 years 🙀

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/82037898#Comment_82037898

Even if you have an op abroad, if entitled to NHS care, then could have follow up treatment in the UK as long as they do that care.