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Stayed abroad over 28 days after missing flights

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Avalanche78
Avalanche78 Community member Posts: 5 Listener
I recently took a trip abroad to see family - planned to last 28 days, because of ESA/UC limit.

However I missed my flight home - ironically due to the same cognitive difficulties which mean I need the benefits in the first place - so i was actually out of the UK for several extra days till there were alternative flights available which I could afford.

Has anyone ever dealt with the DWP over a situation like this, and has any advice?

And do people think there's  any point applying to my travel insurance company for help with the costs of the replacement flights?

Comments

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi there 

    I'm not confident your insurance would pay anything if the flight wasn't cancelled by the airline 

    Depends on the cover you took out refer to your policy for what it covers 

    Sorry don't know what dwp will do will be down to a decision maker 
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    If it was a holiday then your entitlement to UC will end after 28 days. 
    For your ESA then it will depend on which country you were in.
    For your insurance then it will depend what is covered. You will need to contact them regarding this. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    DWP do not have flexibility on the absence rules because they are set out in the relevant regulations. 
    The ESA and UC rules are different. 28 days applies for ESA, one month applies for UC.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • woodbine
    woodbine Community member Posts: 12,129 Disability Gamechanger
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    You need to contact the DWP and your insurers.

    2024 Election won

  • Lica
    Lica Community member Posts: 2 Listener
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    calcotti said:
    DWP do not have flexibility on the absence rules because they are set out in the relevant regulations. 
    The ESA and UC rules are different. 28 days applies for ESA, one month applies for UC.
    Hi…
    Does one month mean strictly 30 days for UC or could it be 31/32…and is it how long you’re at destination or when you leave and re-enter?
    Also is there a point where they know from airports etc or is it up to you reporting back to them? The flights are so much more unaffordably expensive if trip to see family a bit shorter!
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited October 2022
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    For UC I interpret one month to vary in respect of the number of days depending on what month you are in, so a month is from xth of the month to (x-1)th of the following month.

    I can't recall where to find the rules for how days of departure and arrival are treated. I have an idea that the day of departure counts as a day out of the UK and that the day of arrival counts as in the UK but I cannot verify that.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Lica
    Lica Community member Posts: 2 Listener
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    Thanks
  • Avalanche78
    Avalanche78 Community member Posts: 5 Listener
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    For ESA both day of departure and day of arrival count as days in UK.

    I haven’t read about UC though, I just assumed it would be the same.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited October 2022
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    For ESA both day of departure and day of arrival count as days in UK.
    I had in my mind that one counted and the other didn’t but I am happy to be corrected but I can’t find confirmation either way. I think the rules, whatever they are, will be the same for UC.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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