Hi, my name is AnnieL! DWP say that they will stop his ESA for extended holiday

AnnieL

I have a wonderful son who has autism and LD. 

AnnieL

I would like to take him on an extended holiday for longer than 4 weeks. He claims ESA and has the Severe Disability Premium and is in the Support Group. DWP say that they will stop his ESA and that We will have to apply for UC if he goes. This is £70 less per week! Is there any way we can avoid this? Any information would be greatly appreciated.

poppy123456

Is all of his ESA Income Related? If so you can go abroad for up to 4 weeks, any longer than this and the ESA will end. Once it ends your son will not be able to reclaim it and he will need to claim UC. As the ESA will have ended he will then need to report his health condition and send in continuous fit notes until a decision is made on the work capability assessment. Yes, he will also lose the SDP because it's not paid when claiming UC.

https://www.gov.uk/claim-benefits-abroad/illness-injury-benefits

calcotti

AnnieL said:

! Is there any way we can avoid this?

The only way is to have a shorter holiday. In my opinion even planning a 4 week holiday is risky because if your return journey is disrupted and you are delayed such that you are away for more than 28 days the ESA will be lost.

Somebody can hopefully remember whether the days of travel count as days in GB or as days abroad - I can never remember. 

Hannah_Alumni

Hello @AnnieL

How are you today? Your son keeping well? 

I see Poppy and Calcotti have given you some great advice. Has it helped answer your question? 

AnnieL

I wanted to ask the reasons why they stop the Income related ESA, if my son is in the support group and cannot work? He also gets Severe Disability Premium.
Also he may be eligible for an exemption on medical grounds which I am seeking advice for.
Another bit of advice which I saw online was that he may actually get more on UC if he qualifies?

poppy123456

AnnieL said:

I wanted to ask the reasons why they stop the Income related ESA, if my son is in the support group and cannot work? He also gets Severe Disability Premium.

Because if he's out of the country for longer than 4 weeks, his ESA will end, it's the rules. Lots of people claim Income Related ESA because they are unable to work but this doesn't mean they can go out of the country for longer than 4 weeks and still continue with the ESA.

AnnieL said:

Also he may be eligible for an exemption on medical grounds which I am seeking advice for.

Exemption for what? could you give some more information please?

AnnieL said:

Another bit of advice which I saw online was that he may actually get more on UC if he qualifies?

As his ESA includes the SDP then he will be worse off if he claims UC. However, if he's out of the country on holiday for more than 4 weeks his ESA will end and then he will need to claim UC and go through the work capability assessment again.

AnnieL

So the web information seems to say that if you go away for medical treatment or recovery/recuperation, (which is what we would be doing in his case), that he could go away for up to 26 weeks without penalty.
Thanks

poppy123456

AnnieL said:

So the web information seems to say that if you go away for medical treatment or recovery/recuperation, (which is what we would be doing in his case), that he could go away for up to 26 weeks without penalty.
Thanks

That's not correct for Income Related ESA it's a maximum of 4 weeks. For contributions based ESA it can be extended to 26 weeks if going away for medical treatment. (not recovery/recuperation)

For PIP/DLA its 13 weeks. 26 weeks if it's for medical treatment (not recovery/recuperation)

Employment and Support Allowance (ESA)

You can get ESA for up to 4 weeks if you go abroad. Talk to your local Jobcentre Plus before you go.

Going abroad for more than 4 weeks but less than a year

Tell your local Jobcentre Plus if you’re going abroad for more than 4 weeks.

You can carry on getting contribution-based ESA for up to 26 weeks if you’re going abroad for medical treatment for yourself or your child.

Going abroad temporarily

You can claim the following benefits if you’re going abroad for up to 13 weeks (or 26 weeks if it’s for medical treatment):

• Attendance Allowance
• Disability Living Allowance (DLA) for adults
• Personal Independence Payment (PIP)

Full details here. https://www.gov.uk/claim-benefits-abroad/disability-benefits

calcotti

Poppy, I think the 26 week rule applies for income based ESA too and I’m not clear why the bit you’ve quoted implies that it only applies to contribution based. However I’ve not got time to investigate at the moment.

I note however that the advice says to talk to JpbCentre before going so that’s what OP needs to do and explain to them what the medical aspect of the stay abroad is,

(Obviously simply said holiday in the thread title with no reference to medical treatment or convalescence.)

poppy123456

Thanks calcotti. I must admit that going away for longer always confuses me. If the advice in the link is missleading then it's shocking considering it's from Gov.uk.

However, i do agree that the thread was asking the question based on going on an extended holiday.

calcotti

poppy123456 said:

Thanks calcotti. I must admit that going away for longer always confuses me. If the advice in the link is missleading then it's shocking considering it's from Gov.uk.

However, i do agree that the thread was asking the question based on going on an extended holiday.

The information you’ve quoted may well be correct but I was surprised by it. If I’ve got the energy I’ll do some digging.

poppy123456

Thanks, i appreciate it! Don't worry if you don't but it would be nice to know for future reference.

calcotti

Guidance in DMG appears to apply to both CB and IB ESA
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1097718/dmgch0702.pdf

Short absence

071940 A claimant will continue to be entitled to ESA(Cont) and (IR) for the first four weeks of any absence from GB if

1. the absence is temporary and

2. the absence is unlikely to exceed 52 weeks and

3. he continues to satisfy the other conditions of entitlement to ESA

Absence to receive medical treatment

1 ESA Regs, reg 152

071941 A claimant will continue to be entitled to ESA(Cont) and (IR) for the first 26 weeks of absence from GB1 if

1. the absence is temporary and

2. the absence is unlikely to exceed 52 weeks and

3. he continues to satisfy the other conditions of entitlement to ESA and either

3.1 the absence is solely to receive treatment for a condition which started before the claimant left GB and which is directly related to the claimants limited capability for work or

3.2 the claimant is accompanying a dependant child receiving treatment abroad

1 ESA Regs, reg 153(1)(a)(b)(c) & (e)

071942 Treatment abroad, whether for the claimant or a dependant child, must be by or under the supervision of a person qualified to provide medical treatment, physiotherapy, or similar forms of

treatment1.

1 ESA Regs, reg 153(1)(d) & (2)

AnnieL

Thank you Calcotti and Poppy, the plot thickens! I am really concerned that the people I talk to at DWP know what these rules are because last time I spoke to someone they clearly did not and were unable to explan. They sais someone from the Pembroke Dock office would call me to explain but they havent yet and it's been several days now. I have read quite a few contradictory pieces of info from DWP and other sources, however i still don't understand the reasons why my son is not allowed to go for an extended holiday, because he is not required to seek work due to his disability? 
Many thanks for your input.

calcotti

AnnieL said:

.. i still don't understand the reasons why my son is not allowed to go for an extended holiday, because he is not required to seek work due to his disability?

Because it's what the law says. To be eligible to receiveESA you have to be present in Great Britain (subject to the rules concerning temporary absences).

poppy123456

AnnieL said:

I am really concerned that the people I talk to at DWP know what these rules are because last time I spoke to someone they clearly did not and were unable to explan.

That's because when you ring ESA you're not actually talking to someone from DWP, it's a call centre you ring. They have very little knowledge of the benefits system other than to read form a screen. They should be the very last place you go to for any benefits advice.

janer1967

There has to be a limit if not people would go away all the time getting state benefits and putting it back into another countries economy 

4 weeks would be classed as a long holiday in most people's cases 

It isn't really anything to do with not having to look for work those who are job seekers have to stay in UK so those not fit for work are given more freedom to travel 

AnnieL

Thanks everyone for your advice which I really appreciate. I am going to ask our LA Benefits advisor and get back to you.
AnnieL

poppy123456

AnnieL said:

Thanks everyone for your advice which I really appreciate. I am going to ask our LA Benefits advisor and get back to you.
AnnieL

I don't think you'll get any different advice other that what's been said here. Calcotti has provided the link to DMG guidance, which is really all that's needed.

L_Volunteer

You are welcome @AnnieL. Our advice is the very least you deserve.

Good luck asking your LA benefits advisor. Please feel free to let us know how it goes and if you need any support in the meantime