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Travel abroad for medical reasons

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1 day 22 hours ago #297010 by Cappy
Travel abroad for medical reasons was created by Cappy
Good morning,

I was wondering if anyone could clarify the process for going abroad for medical treatment and the maximum time I would be allowed to stay abroad. I currently receive income-related ESA (support group), Housing Benefit, and PIP (higher mobility and standard daily living). I understand that each benefit may have its own rules regarding the maximum time a person can remain abroad under a medical exemption. If so, I assume I would need to adhere to the shortest allowable time across these three benefits.

Could you advise me on who to contact and how to request a medical exemption to stay abroad for longer than four weeks, please?

It is essential that I do not lose any of my legacy benefits, as I am unable to work and have no financial support. (Occupational Therapy and adult social services are expected to assess my needs once my housing situation is resolved.)

Could you also provide guidance on what kinds of medical treatments might qualify for an exemption? For instance, would seeing a physiotherapist twice per week be sufficient? If not, do you have any suggestions about what might qualify? For context, I have complex health issues, including spinal problems and moderate to severe ME/CFS (I am mostly housebound and, on average, 40–60% bedbound).

To explain my situation further: I am currently living in a mould-infested flat with a significant unidentified leak. My landlord needs me to temporarily move out so that he can undertake remedial repairs, which could take approximately three months. However, his insurance does not cover temporary accommodation for me.

I have been trying to find short-term accommodation, but this has proven almost impossible due to both the short-term nature and the much higher monthly costs compared to my Housing Benefit. I am also exploring whether the council can help with temporary relocation, but as another option, I am considering staying with my parents, who live in mainland Europe.

Staying with my parents would allow me to have regular physiotherapy in their home and receive general care. It would also be preferable to staying in an unfamiliar temporary environment without support. For example, I already have a bed in their home that is specifically adapted for my spinal needs—it matches the one I use in my flat here in the UK, as I am unable to sleep on a mattress and need a very firm surface.

My health is deteriorating rapidly due to the poor conditions in my flat and the extreme stress of the situation. Staying with my parents could improve my wellbeing significantly, but I can only consider this if I am able to secure a medical exemption to avoid losing my benefits.

Thank you for your advice and assistance.

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1 day 21 hours ago #297016 by David
Replied by David on topic Travel abroad for medical reasons
Hi Cappy,

You appear to meet the requirements of the ESA regs for staying abroad for upto 6 months for medical treatment. The ESA regs state the following regarding physiotherapy....... "In paragraph (1)(d)(iii), “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment."
I would advise you to read the rules regarding time abroad in the following link. The medical treatment must be for the condition you were granted ESA.
www.legislation.gov.uk/uksi/2008/794/regulation/153
For Housing Benefit you are likewise allowed to spend 6 months abroad if it is for medical treatment.
I would inform both ESA and Housing Benefit in writing well beforehand just in case a badly trained member of staff threatens to close your claim.
You should also make arrangements so that you can access any official post sent to your UK address. As the DWP is unlikely to send mail to your foreign address.
One other thought is that if you are provided with accommodation outside of your Local Authority area and you have a tenancy agreement then if you wanted help with the rent you would have to claim UC and your ESA claim would stop. Of course you don't have to claim UC Housing Costs if you rather not.

David

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

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