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Travelling within the EU - Time limit?
- tinytrevor
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11 years 5 months ago - 11 years 5 months ago #114804 by tinytrevor
Travelling within the EU - Time limit? was created by tinytrevor
Now then all!
I am wondering if someone may be able to help please, as I have contacted the DWP numerous times with this query and been told different answers!
I am in ESA Support Group Contributions Based and DLA HRC, plus OH gets CA. We have been advised by my consultant that spending time in a warmer climate may be beneficial for my condition, so have been considering spending 3 months in Spain to see if it helps.
I am aware that I need to inform DWP of any travel outside of UK, but how long can I be out of the UK and still receive my ESA?
Also if I exceed this time-limit what happens to my claim? Is it just put on hold? Or do I need to re-apply? Also do I still receive NI contributions? Etc, etc...
Obviously as my carer the OH has to travel with me, does my OH need to inform DWP of intention to travel due CA too?
I realise that I also need to consider implications of this on any assessment due to possible assumptions by HCP's etc. Any advice about how to handle this would be welcome, as frankly I find the assessments terrifying anyway without this possible complication.....
Travelling is extremely painful for me so it is not something we are considering lightly, but feel we have to give it serious consideration given the negative impact of the cold on my condition/ well-being and also the advice of a knowledgeable consultant.
Any information, advice or experiences would be extremely welcome and much appreciated.
Thanks
tinytrevor
I am wondering if someone may be able to help please, as I have contacted the DWP numerous times with this query and been told different answers!
I am in ESA Support Group Contributions Based and DLA HRC, plus OH gets CA. We have been advised by my consultant that spending time in a warmer climate may be beneficial for my condition, so have been considering spending 3 months in Spain to see if it helps.
I am aware that I need to inform DWP of any travel outside of UK, but how long can I be out of the UK and still receive my ESA?
Also if I exceed this time-limit what happens to my claim? Is it just put on hold? Or do I need to re-apply? Also do I still receive NI contributions? Etc, etc...
Obviously as my carer the OH has to travel with me, does my OH need to inform DWP of intention to travel due CA too?
I realise that I also need to consider implications of this on any assessment due to possible assumptions by HCP's etc. Any advice about how to handle this would be welcome, as frankly I find the assessments terrifying anyway without this possible complication.....
Travelling is extremely painful for me so it is not something we are considering lightly, but feel we have to give it serious consideration given the negative impact of the cold on my condition/ well-being and also the advice of a knowledgeable consultant.
Any information, advice or experiences would be extremely welcome and much appreciated.
Thanks
tinytrevor
Last edit: 11 years 5 months ago by Gordon.
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- Gordon
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11 years 5 months ago #114809 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Travelling within the EU - Time limit?
Trevor
The rules for claiming benefits while abroad are very complicated and can vary from benefit to benefit and the country that you are travelling to, as an example the rules for ESA(IR) are very different from those for ESA(CB), a failure to comply can result in a claimants benefit being suspended or even removed.
Because of this, we do not advise on claiming benefits abroad. The following gives a general view of claiming ESA abroad.
www.dwp.gov.uk/international/benefits/employment-and-support/
For a more detailed response I a afraid you will need to get face to face advice.
Where to get advice?
Gordon
The rules for claiming benefits while abroad are very complicated and can vary from benefit to benefit and the country that you are travelling to, as an example the rules for ESA(IR) are very different from those for ESA(CB), a failure to comply can result in a claimants benefit being suspended or even removed.
Because of this, we do not advise on claiming benefits abroad. The following gives a general view of claiming ESA abroad.
www.dwp.gov.uk/international/benefits/employment-and-support/
For a more detailed response I a afraid you will need to get face to face advice.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tinytrevor
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11 years 5 months ago - 11 years 5 months ago #114852 by tinytrevor
Replied by tinytrevor on topic Travelling within the EU - Time limit?
Thank you for your reply Gordon. Apologies though, I am not sure I was clear in in my original post/ question.
My intention at this stage is not to live aboard, rather to take a holiday in Spain (although perhaps an extended holiday). I realise that if I were to live aboard that would be a different matter and involve much more complex considerations.
On this basis please can anyone can advise regard the time limit for being out of the UK (and in the EU) on holiday whilst in receipt of contributions based ESA in the support group?
My questions essentially are:
1) How long can you be out of the UK before it affects your benefit? I have been told 3 different answers by the DWP (LOL!) - no time limit, 4 weeks and 183 days. Any clarification on this would be very welcome.
2) Assuming you outstay this time limit - when it does affect your ESA, what happens, is your claim on hold, or do you have to re-apply? Does it also mean you don't get NI contributions for this period?
I would be very grateful for any responses.
Many thanks
tinytrevor
My intention at this stage is not to live aboard, rather to take a holiday in Spain (although perhaps an extended holiday). I realise that if I were to live aboard that would be a different matter and involve much more complex considerations.
On this basis please can anyone can advise regard the time limit for being out of the UK (and in the EU) on holiday whilst in receipt of contributions based ESA in the support group?
My questions essentially are:
1) How long can you be out of the UK before it affects your benefit? I have been told 3 different answers by the DWP (LOL!) - no time limit, 4 weeks and 183 days. Any clarification on this would be very welcome.
2) Assuming you outstay this time limit - when it does affect your ESA, what happens, is your claim on hold, or do you have to re-apply? Does it also mean you don't get NI contributions for this period?
I would be very grateful for any responses.
Many thanks
tinytrevor
Last edit: 11 years 5 months ago by Gordon.
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11 years 5 months ago - 11 years 5 months ago #114854 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Travelling within the EU - Time limit?
Trevor
My answer was in regard to the question you asked, this includes travelling abroad.
Gordon
My answer was in regard to the question you asked, this includes travelling abroad.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Gordon.
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- bro58
11 years 5 months ago - 11 years 5 months ago #114857 by bro58
Replied by bro58 on topic Travelling within the EU - Time limit?
Hi tt,
For ESA (IR or CB) if going on holiday/temporary stays abroad, it is 4 weeks, and the DWP are rigid on this.
See : www.gov.uk/claiming-benefits-move-travel...-disability-benefits
bro58
For ESA (IR or CB) if going on holiday/temporary stays abroad, it is 4 weeks, and the DWP are rigid on this.
See : www.gov.uk/claiming-benefits-move-travel...-disability-benefits
bro58
Last edit: 11 years 5 months ago by bro58.
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- bro58
11 years 5 months ago #114859 by bro58
Hi tt,
Have a read through this rightsnet thread :
www.rightsnet.org.uk/forums/viewthread/4955/
bro58
Replied by bro58 on topic Travelling within the EU - Time limit?
bro58 wrote: Hi tt,
For ESA (IR or CB) if going on holiday/temporary stays abroad, it is 4 weeks, and the DWP are pretty rigid on this.
See : www.gov.uk/claiming-benefits-move-travel...-disability-benefits
bro58
Hi tt,
Have a read through this rightsnet thread :
www.rightsnet.org.uk/forums/viewthread/4955/
bro58
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