ESA Travel Abroad(holiday)
Comments
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I can!!!8217;t see anything in the Regulations themselves that requires a claimant to report an absence in advance. It therefore follows that if you intend to be absent for less than 28 days, which is within the rules, not telling the DWP in advance cannot be an attempt to commit fraud.
Of course if the absence gets extended beyond 28 days, for whatever reason, a failure to report that to the DWP could be treated as fraud.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
I suppose the big question must be if you are on benefits and you go abroad (europe as an example) who would know anyway? I'm pretty certain that the border authorities don't have time to tell anyone, and they don't stamp your passport nowadays.0
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thanks for your comment, the issue is not so much about how to get away without the knowledge of JCP. it is about
1) to aleviate the anxieties of the many innocent and vulnerable claimants who has never been abroad, and deserve a little get away from it all without the worry of having their benefits suspended wrongly as it happens all the time
2) to exercise one's human rights, and do what is ' officially ' and ' mandatory ' that can be assessed as ' justifiable' to feel that you are in a free country, not a colonial or dictatorship system.
note: even in those dictatorship countries, many of them, if they do claim benefits, being abroad doesn't bother the government at all since if they go abroad for a year, their country of origin don't have to spent any extra money on NHS, Optician, Dentist, vouchers, freedom pass, bleud badges, carers, medical team etc.. all of which cost money to the government if they threaten claimants to suspend their benefits, claimants decide not to go abroad for life, and this in itself costly to the government. is it not?0 -
If you have gone out of UK for less than 28 days and it changes to be longer than 28 days, you must make efforts to tell DWP that you will be outside more than 28 days. by asking someone in UK to phone the ESA, or send them a letter, or worse case scenario, tell them on your return you were out for more than 28 days... in which case, you will have to pay back all the ESA over the 28 days that you were paid. Or even worse case scenario, don't tell them you were over 28 days, hope that they don't notice, and get charged with benefit fraud
My friend travelled abroad stayed five weeks, ESA IR had an overpayment from the day of travel, she asked for a Review, not changed this was appealed the decision the overpayment is from the date she left the UK. It was recoverable and a civil penalty was applied0 -
Dear Sir / Madam
I write this on behalf of a lonely vulnerable adult with the help of his support worker.
I was diagnosed with depression and panic disorder back in 2005
I relapsed back in 2015, I claimed ESA in 2015 and was fine until I applied for PIP in October 2017 I received ESA50 form and after completing it and sent off, I was sent a letter from Health Assessment Advisory Services Team asking to attend assessment for work capacity.
My support worker did all the work on my behalf as I struggle on day to day living getting basic things done.
sorry, not making myself clear. I wanted them to visit me, since I can't leave home, have developed fear of going outside and my limited mobility.. the health advisory services team declined my first request for home visit, wanting more medical letters
I recently, yesterday, sent,
osteopath letter saying patient has limited mobitity and the fact I visit him home and has a carer means he can't come to face to face.
letter from psychologist was sent too explaining my difficulties and that can't leave home for xyz
form that optician gave me saying ' I visited the patient in his own home because he has fear of going outside and limited mobility
3 pages letter from my own community helper care coordinator
letter from my barber saying he visits me home
could the HAAS still decline my request for home visit ? is there a lawyer here, trainee solicitor who can advise... please people, help me
He rung the HAAS in Woodgreen, London N22 to inform them that I need domiciliary medical assessment. They have told my care coordinator that I must ask my Doctor to send them a letter explaining why I can’t attend a 1 to 1 assessment.
My care coordinator/ support worker, told them that must be present and that he has a holiday, so not available for face to face assessment on 16 August 2018, so they immediately after couple of days, sent another letter for 1 to 1 assessment for the 14th August 2018
My support worker contacted my private Doctor, and Osteopath to fax a letter to HAAS.
Letters done and faxed and posted registered on Friday 3rd August.
We are still awaiting to hear from HAAS.
To say how this has affected my health is an understatement, however, I need your support to continue to justify my incapacity for work. I have blurred vision, and had many glasses done through NHS but I still struggle with reading normal prints, gets blurry, and painful, disorienting.
I don't go out much since 2015
my care coordinator does everthing for me and has assigned a carer to cut my hair monthly, and help me undress /dress the lower body pants and socks
my question is as follow
the Doctor letter and osteopath letter and care coordinator letter are enough to offer me home visit or could they even better decide that home visit is unecessary since all three medical professional describe my daily struggles to get hings done ?
I am just so anxious and worried that could be wrongly assessed and have to go through revision, complaints and its hard time.. as well as I am worried, can't sleep at night fearing I lose my forthnightly ESA payment and sink into poverty again leading to decline in my health, and increse of possible further damage.0 -
Dear Sir / Madam
I write this on behalf of a lonely vulnerable adult with the help of his support worker.
I was diagnosed with depression and panic disorder back in 2005
I relapsed back in 2015, I claimed ESA in 2015 and was fine until I applied for PIP in October 2017 I received ESA50 form and after completing it and sent off, I was sent a letter from Health Assessment Advisory Services Team asking to attend assessment for work capacity.
My support worker did all the work on my behalf as I struggle on day to day living getting basic things done.
He rung the HAAS in Woodgreen, London N22 to inform them that I need domiciliary medical assessment. They have told my care coordinator that I must ask my Doctor to send them a letter explaining why I can’t attend a 1 to 1 assessment.
My care coordinator/ support worker, told them that must be present and that he has a holiday, so not available for face to face assessment on 16 August 2018, so they immediately after couple of days, sent another letter for 1 to 1 assessment for the 14th August 2018
My support worker contacted my private Doctor, and Osteopath to fax a letter to HAAS.
Letters done and faxed and posted registered on Friday 3rd August.
We are still awaiting to hear from HAAS.
To say how this has affected my health is an understatement, however, I need your support to continue to justify my incapacity for work. I have blurred vision, and had many glasses done through NHS but I still struggle with reading normal prints, gets blurry, and painful, disorienting.
I don't go out much since 2015
my care coordinator does everthing for me and has assigned a carer to cut my hair monthly, and help me undress /dress the lower body pants and socks
my question is as follow
the Doctor letter and osteopath letter and care coordinator letter are enough to offer me home visit or could they even better decide that home visit is unecessary since all three medical professional describe my daily struggles to get hings done ?
I am just so anxious and worried that could be wrongly assessed and have to go through revision, complaints and its hard time.. as well as I am worried, can't sleep at night fearing I lose my forthnightly ESA payment and sink into poverty again leading to decline in my health, and increse of possible further damage.
Not a clue what you are asking here or what it has to do with this thread!0 -
I echo the prevailing sentiment in this thread, which is frustration and confusion with the lack of transparency of going abroad rules and the DWP's refusal to publish those rules in writing (online or on 1:1 letters). Furthermore, it's infuriating that DWP call centre and JobCentre staff are so poorly trained that I get a different answer on going abroad rules every time I speak to someone!
Around a year ago I got my question escalated to a DWP manager who properly researched the matter and called me back to confirm that those in receipt of benefits may, "go abroad for up to 28 days per trip (excluding departure and returning date), and up to 3 months per year". I also asked how a year is defined: calendar year (January to December), financial year (April to March) or rolling year (any consecutive 12 month period), but I never received an answer on this point.
I already had a 4 week trip abroad to see family planned over this coming Christmas/New Year, when I found out that my sibling (who lives in Australia) will be getting married next February, and their first child is also due in June. I therefore need the DWP's going abroad policy reconfirmed, and the definition of 'year' clarified, so that I can plan to be with my family for these important milestones, whilst not breaching going abroad rules.
I therefore emailed the 'DWP Alternative Format Team' (for people who can't phone/post mail easily) to ask for clarification, but they've redirected me to call the DWP for an answer. When I explained to the Alternative Format Team that I feel uneasy and can't trust any answers I receive over the phone (as they're different every time), I was told, "Just to assure you that telephone calls are recorded, so if you had any dispute in the future the information on the call could be referred to. Calls are easy to locate if you call from a number that is not withheld. You could also keep a record of the date and time you call if you want to be sure.".
I have just this afternoon called the DWP, and after 40 minutes in the queue, I spoke to someone by the name of Martin. After placing me on hold for another 10 minutes to "look up some details on 'The Code', he was only able to confirm that it's a maximum of 28 days per trip. Beyond that, he needs to escalate my query to a Decision Maker. He has agreed that he will ask them to clarify:
1) the maximum number of days abroad at a time;
2) whether the departure and return dates are included or excluded from the days abroad count;
3) how many months per year in total that one may be abroad; and
4) whether a year is defined as a calendar year, financial year, or rolling 12 month period.
Martin has also agreed to ask that the Decision Maker communicate this policy to me in writing, whether by email or by post. I've suddenly gone blank on what timescale Martin gave to me, but I imagine I'll have a response from the DWP Decision Maker within the next week. Here's hoping!0 -
Unless 'a year' is defined within the regulations you might still be in the position of one DM working on a calendar year and another on a rolling year. I suspect most would work on a rolling 12 month period unless it is clearly defined in legislation.
The answer to question 1 is 28 days excluding the travel dates.
The answer to question 2 is the travel dates are excluded.
That is unless the rules have changed since I retired.0 -
Hello everyone. To save me having to type all of this up again, please find below my latest message to my contact in the ESA Alternative Format Team:
"I'm contacting you to follow up on my query on going abroad rules. As per your previous instructions, I called the Department for Work & Pensions, and they were unable to answer my questions. My query was therefore forwarded to a Decision Maker, to which I only received the attached response [3 pages from: gov.uk/claim-benefits-abroad/illness-injury-benefits.
As you can see, it's a print out from your website, which was my first port of call before contacting you and the DWP contact centre. This web page is extremely vague and provides no clarity on going abroad rules. In fact, it makes the rules sound much more relaxed than I'd previously been informed, as it states that one need only inform their local Jobcentre Plus of any single trips abroad exceeding four weeks. You will also see on page one that I have handwritten a note saying that I received this print out without any cover letter or with compliments slip.
I have no idea how to proceed from here seeing as I have tried to ask very specific and clear questions, without receiving any relevant, authoritative or credible answers. In the past, a Compliance Officer at my local Jobcentre Plus gave me incorrect information about going abroad rules (saying it was capped at 28 days abroad per year), as have many other employees of JobCentres and the DWP call centres; I get a different answer from everybody. Martin (in the call centre) who I spoke to last week, was the only one honest enough to say that he did not know the answer, even after reading 'The Code'. I really do wish to get clarity on this matter so that I am not in breach of rules, and I also wish to share this information in online forums where many other people are equally confused and conscientious as I am.
Anything you can do to help expedite a resolution to this matter would be appreciated."0
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