Long holiday / benefits issue

Chloe96

I want to go to Australia to visit a friend, preferably for 6 months but after my research, 3 months is looking more likely. 

I am on universal credit (LCWRA, Housing costs fully covered) and PIP ( high rate daily living, low rate mobility). From what I have read, I can claim daily living component of PIP for 13 weeks abroad. I can claim UC for 4 weeks, but I am unsure if rules are different for LCWRA, and it’s very important to know if / how long my housing costs will be covered for. I have seen that payments may stop after 4 weeks but claim will not be closed, meaning no 5 week wait to restart payments when I return home, however this info was not from a reliable source and struggling to find further info on that. 

 I am on medication ( olanzapine, duloxetine, promethazine) which may be able to be covered by the dispensary system in Australia, but I am not sure, and I could have to pay for it. I am looking at the reciprocal healthcare agreement between UK and Australia but I am unsure if i would be charged if I needed mental health care during my visit. 

If anyone has knowledge or advice on any of these issues, or anything else you think I should know, a reply would really be appreciated. Thankyou, Chloe  

poppy123456

UC will stop after 28 days and this will include your housing element and LCWRA because they are all part of UC. When you return you can make a rapid reclaim by signing into your journal. I'm unsure if you'll need to go through the work capability assessment again at this stage. Others may know for sure.

PIP is 13 weeks. Can't answer your question regarding medication though, sorry. Do be aware that travel insurance maybe quite a lot depending on your health conditons.

calcotti

There was a recent similar query about someone who had been abroad for less six months. I think we established that even if within 6 months a rapid reclaim is not possible if entitlement to UC has been lost due to no longer meeting the necessary conditions through absence abroad. As a result a completely new claim is needed and a new Work Capability Assessment. I can't remember where the thread is and I don't think we know what happened to the OP.

poppy123456

Thanks Calcotti. I tried looking for that very thread but can’t seem to find it now.

calcotti

poppy123456 said:

Thanks Calcotti. I tried looking for that very thread but can’t seem to find it now.

Nor me. Pity because I would have liked to learn the outcome.

Alex_Alumni

Hello and welcome @Chloe96 and thanks for reaching out with your query yesterday, I hope you've found the replies helpful. To help other members find this discussion more easily, I'm just moving it over into our benefits and financial support category, I hope that's okay

Please feel free to start a discussion or have a browse of the forum whenever you are ready!  

You can find all the latest conversations in our recent discussions category, browse all the different topics in our categories page, and you can meet and chat with other members over in our virtual coffee lounge too, there's also plenty of games to play if you fancy. 

If there's anything further we can help with please just ask, and I hope you find the forum a friendly and welcoming place to spend time.

Alex

jojo24

poppy123456 said:

UC will stop after 28 days and this will include your housing element and LCWRA because they are all part of UC. When you return you can make a rapid reclaim by signing into your journal. I'm unsure if you'll need to go through the work capability assessment again at this stage. Others may know for sure.

PIP is 13 weeks. Can't answer your question regarding medication though, sorry. Do be aware that travel insurance maybe quite a lot depending on your health conditons.

I am also seeking this information: Is it precisely 4 weeks or one month for Universal Credit?

I am a bit confused as I have read conflicting details stating that Universal Credit can be received for up to one month. Can anyone confirm if it is for 28 days or 30 days?

Additionally, the day of departure and arrival will not be counted as absences since you will be present in the UK on those days.

So, if I understand correctly, if someone is traveling on July 15 and returns on August 13, the day of departure and arrival will not be considered absences. The time spent abroad will be counted from July 16 to August 12.

Your posting history indicates your expertise in this field. Could you please review and share your insights? Thank you!


An absence of not more than one month can be disregarded.  C1986

Any day on which you are in GB for part of the day counts as a day in GB. C1122

jojo24

The forum in not allowing me to post links So I try to add above reference Images.




.

poppy123456

@jojo24 yes, it's 1 month for UC, the day you go and day you come home are not counted as being abroad. https://www.gov.uk/claim-benefits-abroad/universal-credit

If you're classed as a job seeker with commiments then you would be expected to continue with those while you're away.

jojo24

poppy123456 said:

UC will stop after 28 days and this will include your housing element and LCWRA because they are all part of UC. When you return you can make a rapid reclaim by signing into your journal. I'm unsure if you'll need to go through the work capability assessment again at this stage. Others may know for sure.

PIP is 13 weeks. Can't answer your question regarding medication though, sorry. Do be aware that travel insurance maybe quite a lot depending on your health conditons.

I am also seeking this information: Is it precisely 4 weeks or one month for Universal Credit?

I am a bit confused as I have read conflicting details stating that Universal Credit can be received for up to one month. Can anyone confirm if it is for 28 days or 30 days?

Additionally, the day of departure and arrival will not be counted as absences since you will be present in the UK on those days.

So, if I understand correctly, if someone is traveling on July 15 and returns on August 13, the day of departure and arrival will not be considered absences. The time spent abroad will be counted from July 16 to August 12.

Your posting history indicates your expertise in this field. Could you please review and share your insights? Thank you!"

Here are the references
----------------------------------------------------------------
An absence of not more than one month can be disregarded https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864884/admc1.pdf see paragraph C1986

Any day on which you are in GB for part of the day counts as a day in GB. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864884/admc1.pdf see para C1122.

  

chiarieds

Hi @jojo24 - & welcome to the forum. I see you're quoting from the ADM Chapter C1. I've also had a look at the Universal Credit regs upon which the ADM are based: https://www.legislation.gov.uk/uksi/2013/376/regulation/11/made   This seems clear that a person can be temporarily absent for one month. 

The Govt's website also quotes one month, tho you should tell your work coach (unless you're in receipt of the LCWRA element in which case you will not have a work coach): https://www.gov.uk/claim-benefits-abroad/universal-credit

jojo24

poppy123456 said:

@jojo24 yes, it's 1 month for UC, the day you go and day you come home are not counted as being abroad. https://www.gov.uk/claim-benefits-abroad/universal-credit

If you're classed as a job seeker with commiments then you would be expected to continue with those while you're away.

 

Thank you for the prompt reply.

I am on LCWRA. So UC housing element is also for 1 month? 

O|ne again. Thank you so much for confirmation. 

chiarieds

The housing element is part of UC, so yes, that's also for one month.

jojo24

chiarieds said:

Hi @jojo24 - & welcome to the forum. I see you're quoting from the ADM Chapter C1. I've also had a look at the Universal Credit regs upon which the ADM are based: https://www.legislation.gov.uk/uksi/2013/376/regulation/11/made   This seems clear that a person can be temporarily absent for one month. 

The Govt's website also quotes one month, tho you should tell your work coach (unless you're in receipt of the LCWRA element in which case you will not have a work coach): https://www.gov.uk/claim-benefits-abroad/universal-credit

I have no work coach as I am on LCWRA.

Once again, Thank you so much for the confirmation of one month rule.

jojo24

chiarieds said:

Hi @jojo24 - & welcome to the forum. I see you're quoting from the ADM Chapter C1. I've also had a look at the Universal Credit regs upon which the ADM are based: https://www.legislation.gov.uk/uksi/2013/376/regulation/11/made   This seems clear that a person can be temporarily absent for one month. 

The Govt's website also quotes one month, tho you should tell your work coach (unless you're in receipt of the LCWRA element in which case you will not have a work coach): https://www.gov.uk/claim-benefits-abroad/universal-credit

Thank you, but I have a lingering concern.

The Universal Credit regulation document you referenced is from 2013. I'm curious whether there have been any recent amendments to this law that we might not be aware of.

Is there a way to obtain the 2023 version of this document to verify the most up-to-date rules of this law?

I'm a bit confused as many individuals still mention the 28-day rule for Universal Credit. Even a Universal Credit agent mentioned it's 28 days. I'm wondering if they might have changed the law and reduced it to 28 days, considering that many people still refer to this rule for Universal Credit.

chiarieds

The regs from 2013 are still the same; I had already checked for updates & there were none as far as the one month rule went, as you can see here: https://www.legislation.gov.uk/uksi/2013/376/regulation/11  Under 'What version' at the left hand side, it says 'Latest available (Revised)

I'm thinking that as the least number of days in a month is 28, then perhaps some err on the side of caution in saying 28 days. The regs as to the length haven't changed, it's still one month.

Edit to add: you'll also see that the regs state in the above link, 'Changes to legislation:There are currently no known outstanding effects for the The Universal Credit Regulations 2013, Section 11'

Hope that helps to reassure.

jojo24

@chiarieds Thank you so much!

muccio

hello everyone, I’m new here and a have a question. Both my wife and I are on LCRWA and we have 3 kids (two of them are disabled). We are planning a holiday to visit our family in Italy and France from the 18th of December to the 23rd of January. 
my question is : since we are going for

More than 1 month, will our UC be closed? 
Consider though that we are coming back from Italy to London and then London Paris on the same day. Is this considered as be in the uk so we won’t be on holiday for 1 month? 
I hope it makes sense. 
many thanks

muccio

hi there, not judgmental at all☺️. What do you mean for 3 month option?

muccio

ah ok! 👍 do you know if coming back for a few hours in uk can interrupt the over 30 days holiday?

MW123

https://forum.scope.org.uk/discussion/comment/908688#Comment_908688

@muccio

For clarity and peace of mind, consult with the DWP if you have any questions about how a brief return to the UK might affect your UC claim. It is important to understand that simply flying in and out of the UK may not be enough to stop the 30 day absence clock. You will need to provide a justifiable reason for interrupting your 3 month holiday to return to the UK, as the DWP will likely require substantial evidence to validate your presence in the UK and ensure compliance with their rules.