ESa onarrival fromOverseas ( not EU)

My Brother-in-law is returning to the Uk following a failed marriage overseas ,not EU. He has been away for 6 years and will probably be unfit to work on his return..

I have searched the DWp web site and the ADM but cannot find any reference to there being a three month restriction on claiming ESA(IB). The info. giving advice to claimants of ESA states that in some circumstances it can be claimed on return from overseas but seems to relate to paying UK NI contributions when working in the EU

Does this three month restriction apply to ESA (IB) as well as JSA?

Bill24chev wrote: My Brother-in-law is returning to the Uk following a failed marriage overseas ,not EU. He has been away for 6 years and will probably be unfit to work on his return..

I have searched the DWp web site and the ADM but cannot find any reference to there being a three month restriction on claiming ESA(IB). The info. giving advice to claimants of ESA states that in some circumstances it can be claimed on return from overseas but seems to relate to paying UK NI contributions when working in the EU

Does this three month restriction apply to ESA (IB) as well as JSA?

Hi B24,

Being able to claim Income Related (IR) Benefits in the UK, is dependent on The Habitual Residence Test, and whether one has a "Right to Reside".

Unfortunately, this is not an area that we advise on.

There are articles on this subject : Here and Here.

You or your BIL needs to gain professional advice :

Where to get advice?

bro58