Prinzmetal variant angina caused by breathing in cold air. More than 28 days abroad?

Chloe_Scope

Things certainly have been challenging and scary for you! I bet you'd write a really insightful book. Thank you for sharing this with us and allow us to learn more about your condition. Please take care.

clasship

I have received a letter informing me I am being considered for a Severe Disability Premium payment which I assume would replace my current  ESA Support Allowance , does the support payment stop and be replaced by SDP? Either way how much extra a pw week can I look forward to receiving? I ask now because the Thailand hospital bills have meant I have had to borrow funds from family and friends. 

poppy123456

clasship said:

I have received a letter informing me I am being considered for a Severe Disability Premium payment which I assume would replace my current  ESA Support Allowance , does the support payment stop and be replaced by SDP? Either way how much extra a pw week can I look forward to receiving? I ask now because the Thailand hospital bills have meant I have had to borrow funds from family and friends. 

The SDP is not a replacement for your ESA, it's a payment that's added onto your ESA and increases it by £65.85 per week. You will only receive this extra money if you live alone (no other people over the age of 18 living with you) unless they also claim a qualifying benefit and no one must be claiming carers allowance or the carers element of Universal credit for looking after you.

If this is you then it can be backdated to the start of your PIP award, providing the criteria applied to you at that time. The quickest way to claim this is by ringing DWP and ask to fill out the IS10 form over the phone.

clasship

Poppy, Thank you, so kindly confirm as I am rather slow to grasp everything after my first stroke, so I would receive both ESA support award and SDA, that sound too good to be true, but it sure would help clear my debts for hospital bills. Yes I pass all the criteria for living alone, and no one claims carers allowance etc. I can't wait for you confirmation, this is most unexpected. 

poppy123456

It's SDP (severe disability premium) and not SDA. Yes, it's paid on top of your existing ESA and will take your total ESA to £194.30 per week. Had i known you lived alone then i would have advised you to claim it because there should be no reason why you won't qualify.

clasship

Poppy I can't thank you enough for that confirmation, it's been so hard starting again and now with (hopefully) this SDP and the enhanced PIP just being awarded, well it's a life changing event. I'll just have to try avoid having another heart attack, I think I have used my full quota and some. 

clasship

The good news is I was awarded SDP. The bad news keeps coming though, and I need help again. I had another stroke on 18.2.2020 whilst back in the UK.  From the two heart attacks in December whilst I was in Thailand my heart ejection fraction is now 13%. One does well to live at 13%, you get organ failure, and in my case the heart is generation blood clots but worse still arrhythmias galore which I have been given the nod will be my undoing. Now onto the latest kick in the nether regions DWP style , just when I don't need it.  I was in Thailand to escape the cold UK air that has caused documented heart spasms and heart attacks, you may recall I had requested consent to spend more than 28 abroad back on 20.8.2019. Being an honest chap, I booked flights and hotels from 29.11.2019 returning 26.12.2019 keeping within the 28 days allowed. With heart attacks in that period  the hospitals advised me I was not allowed to fly for 45 days, and the Thai immigration duly stamped my passport extending my visa to 30.2.2020. The DWP were kept informed and I submitted a large amount of paperwork with new flights etc which I believe was fully accepted. This morning the DWP advised me  I had gone to Thailand for 28 days but not to receive medical treatment, warm air not being treatment (It is for me as the dr's have confirmed in writing,and anyway I am allowed 28 days to go sunbathing or for any other reason) but was away for 9 weeks, they stopped my ESA (and my council my housing benefit). Can anyone tell me the regulations for being abroad, having two undisputed heart attacks (and being recorded on my ICD), being banned from flying which is a world standard, and having their ESA withheld? 

poppy123456

I'm sorry to hear this. I do remember advising you about your time spent abroad quite sometime ago. I have no idea whether needing the warmth will be or should be classed as "receiving treatment" I would suspect it won't be and their decision will be correct.

Whether or not you can argue this time that you had no option but to stay longer because you couldn't fly home then you may have a chance. I would advise you to get some expert face to face advice from an advice agency near you regarding your most recent extended holiday.

As for housing benefit then this can be paid for up to 13 weeks when going abroad for holiday and i would expect the reason it stopped was because your ESA stopped and they are linked. Housing benefit can continue to be claimed through nil income and you should speak to your local council regarding this. See link. https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_while_away_from_home

clasship

Poppy, Thank you for your continued support and advice. Is there are regulation you can advise me of that  covers my senario? There must be countless ESA claimants who have had heart attacks abroad that required them to not fly back to the UK within the normal 28 days allowance. 

poppy123456

You're welcome. I'm afraid i don't know of any regulations that will cover you for this. Was your ESA claim closed or just suspended?

I'm going to tag a member of our admin team to see if they have any advice for you. @Adrian_Scope, can you please help here. I'll copy and paste the question here in bold because it's a rather long thread and reading through all of it will take some time.

The good news is I was awarded SDP. The bad news keeps coming though, and I need help again. I had another stroke on 18.2.2020 whilst back in the UK.  From the two heart attacks in December whilst I was in Thailand my heart ejection fraction is now 13%. One does well to live at 13%, you get organ failure, and in my case the heart is generation blood clots but worse still arrhythmias galore which I have been given the nod will be my undoing. Now onto the latest kick in the nether regions DWP style , just when I don't need it.  I was in Thailand to escape the cold UK air that has caused documented heart spasms and heart attacks, you may recall I had requested consent to spend more than 28 abroad back on 20.8.2019. Being an honest chap, I booked flights and hotels from 29.11.2019 returning 26.12.2019 keeping within the 28 days allowed. With heart attacks in that period  the hospitals advised me I was not allowed to fly for 45 days, and the Thai immigration duly stamped my passport extending my visa to 30.2.2020. The DWP were kept informed and I submitted a large amount of paperwork with new flights etc which I believe was fully accepted. This morning the DWP advised me  I had gone to Thailand for 28 days but not to receive medical treatment, warm air not being treatment (It is for me as the dr's have confirmed in writing,and anyway I am allowed 28 days to go sunbathing or for any other reason) but was away for 9 weeks, they stopped my ESA (and my council my housing benefit). Can anyone tell me the regulations for being abroad, having two undisputed heart attacks (and being recorded on my ICD), being banned from flying which is a world standard, and having their ESA withheld? 

clasship

I await the written letter from DWP, however I believe the term was stopped for housing benefit, and for ESA it was probably suspended as they have taken the 'overpayment' from the last two fortnightly ESA payments I was due and the rest from my SDP which will commence in 3 days time. I was informed this morning I will then receive ESA once again. Surely there must be many claimants who have suffered a medical event preventing their return within the allowed 28 days. Not that I hold much hope, but I still await the decision on weather I can stay abroad for 13 weeks from ESA, PIP agreed I can. 

poppy123456

I can't find anything that relates to this when i searched. The reason why DWP agreed that your PIP isn't affected is because you can go abroad for this length of time without it stopping, that's the rules.

Your housing benefit should not have stopped because you can go abroad for up to 13 weeks when claiming this. The only reason it stopped was because your ESA stopped, as i advised. You could have carried on claiming the housing benefit even though your ESA stopped.

clasship

Poppy, once again thank you, especially regarding housing benefit. I have just sent an email to CAB asking for their advice regarding ESA, someone somewhere must have a similar experience as I? 

poppy123456

You’re welcome,

Personally I think DWP are being a little harsh regarding your most recent trip abroad because you had no option but to stay longer than 28 days. 

However for future holidays it’s unlikely that you’ll be able to claim for longer than 28 days. If your ESA was part Contribution based you would be entitled to continue to receive That part but because it’s all income related then its different. 

clasship

Poppy, I can't fathom when having fully informed ESA whilst in Thailand, and upon my return supply the substantial evidence they requested, they then suspend my ESA anyway.

A. If they never pay ESA after 28 days, why ask for the evidence?

B. If they sometimes do pay, my evidence is 100% beyond reproach and repute.  

clasship

Poppy, can you supply me with a reference or regulation number I can quote giving me the ability to prove I have the right to spend 13 weeks abroad without affecting my housing benefit? 

clasship

Can anyone advise me if ESA claimants who are abroad and because they are unable to return to the UK because of regulations or rules prohibiting their movement within the allowed 28 days, will still receive their benefits or not? 

I ask because my ESA was stopped because I suffered two heart attacks and a stroke, and was prohibited from flying for 45 days, so I exceeded the 28 days allowed. On that note the DWP quoted ESA regs reg 152   1 ESA Regs, reg 153, (1) (a)(b) (c) (e) but I can't find it, could anyone send me a link?

poppy123456

I think what they are saying here is that because you didn't go abroad for that threatment then it doesn't apply to you. This is the reg you asked for.

http://www.legislation.gov.uk/uksi/2008/794/regulation/153/made

clasship

Poppy, Once again thank you, I am not sure those regulations cover my circumstances. I was legitimately abroad for 28 days with booked hotels and paid for return flights on the 28th day. I suffered two heart attacks and a stroke within those allowed 28 day. I was prohibited from flying back to the UK for 45 days by the hospital Dr, by Thai immigration who issued a 45 day extension, (you can't obtain a extension more than 7 days for any other reason) ,and to comply with international flight regulations.

Hence my question regarding Corona, will they have their ESA stopped if the are prohibited to return to GB within 28 days?

clasship

I had a stroke to spell spell probably. I would like to know who can go out to request to for advice in a tribune.