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ESA Holiday Confusion

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10 years 2 months ago #131512 by Sean
Replied by Sean on topic ESA Holiday Confusion
Oh sorry about that, I totally didnt read that correctly. So to clarify your advice is to make both bodies aware that i will be out of the country for 2 months and do the rapid re-claim when I return ?

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10 years 2 months ago #131519 by Gordon
Replied by Gordon on topic ESA Holiday Confusion

Sean wrote: Oh sorry about that, I totally didnt read that correctly. So to clarify your advice is to make both bodies aware that i will be out of the country for 2 months and do the rapid re-claim when I return ?


Yes you need to tell both departments, you cannot assume that one department will tell the other about your plans.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 1 month ago #131712 by micksville
Replied by micksville on topic ESA Holiday Confusion
Noting what you advise here Gordon, I was placed in support group almost 2 years ago following a supersession, having previously been in wrag group. I actually notified esa and atos of a trip to visit my brother in europe, this as I was awaiting a possible medical due to said supersesion.. However, when I called atos they told me I had been put in support group a day or two earlier but dwp probably hadnt processed it yet.
I thought it might trigger a further re assesment but both dwp and atos said it wont and I was given a prognosis of two years.That said, I did send written evidence re mobility and detailed why I couldnt self propel a manual wheelchair, also explaining that I had booked assistance at the airport and my brother had arranged things at the other end. I use a mobility scooter on a daily basis and my wheelchair is only of use to me if someone were pushing me.
question, having seen this topic is would maximus likely still have those letters and could they form part of my re assesment when it comes? The letters make clear my two daughters accompanied me and that I had airport assistance and arrangements once with my brother, but you know what the dwp are for assumptions.
Therefore, should I make reference to the vacation, given it was almost 2 years ago, obviously stressing it was a rare occurence and I received help and assistance... in my current evidence which I am compiling ready for next review?

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10 years 1 month ago #131721 by Gordon
Replied by Gordon on topic ESA Holiday Confusion
micksville

I see no reason to include the information about your holiday in any evidence that you supply in regard to a new assessment, this will be looking your limitations as at the time you are assessed, you abilities from two years ago should not be considered as part of that assessment.

That said, I would be prepared to explain how you managed the holiday if asked, but I think that this would be unlikely and I would certainly query the relevance if the subject is raised.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
10 years 1 month ago - 10 years 1 month ago #131724 by bro58
Replied by bro58 on topic ESA Holiday Confusion
Hi mv,

As Gordon says, all should be fine.

However, just in case they do try and drag this holiday up from the past, there is : UTT Caselaw on this issue.

Remember, with ESA, it is whether you can carry out the activity for the majority of the time or in the case of The SG Activities on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

bro58
Last edit: 10 years 1 month ago by bro58.

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10 years 1 month ago - 10 years 1 month ago #131725 by micksville
Replied by micksville on topic ESA Holiday Confusion
Reason Im asking the above Gordon is I was given a letter from gp at supersession two years ago, stating I couldn't travel on public transport to medical i.e. buses etc and as explained I was driven to airport, had wheelchair assistance through airports at both ends then was met by my brother and nephews at other side.I had been using a mobility scooter for about 2 months when I raised this supersession.
However, since then things have got much worse and my gp agrees I ought have a home medical this time, if I have to have a f2f that is. Just thought it might look a little suspect if they have on file that I travelled to europe, though as stated that was 2 years ago and I didnt exactly travel under my own steam, as it were. This was the last trip I made out of my honetowm tbh, as I was aware that my mobility was going to worsen considerably due to various issues.and I wanted the last opportunity to see my brother and nephews
Im sure this would remain on file but would it be used currently? If so is it best to raise it when review comes through, pointing out that I didnt contradict any if my eligibility criteria, (as I informed them at the time) and making them aware that matters have ibdeed worsened,
Last edit: 10 years 1 month ago by bro58.

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