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Receiving ESA in Germany and looking to start work

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9 years 5 months ago #126113 by Jan
Hello All,

I was assessed as qualifying for the support group in 2012. (I started Incapacity Benefits as a young person with severe mental health issues in 2005.)
It was a very gruling ordeal as I'm sure you know.
I was diagnosed with Schizoaffective Disorder in 2004 as a 21 year old architecture student. The heavy medication, subsequent hospital stays and mixture of treatment (some good, some horrific) meant I had to quit my studies.
I was finally taken off this medication last year and am trying to get myself back in gear after ten difficult years.
Also I suffer from chronic back pain which comes and goes without warning like my psychologocal symptoms and managed to pick up Lyme Disease in 2011 which didn't help matters, I'm sure you can all totally identify.
Anyway... Good news....
I have done a few little jobs within legal DWP limits (16 hours, 101 Pounds) throughout the years but an opportunity has arisen to put into place the MSc I obtained in 2008, however, it's in Germany, where I have been living since June '13. I receive ESA through the International Pensions office.
The job would be more hours and more money (2000 €) per week than is permitted. It may be that it doesn't go ahead but my employer wants to know if it is possible to take a break from ESA for a year that the contract will last? I'm just scared that if I have a relapse next year or in coming years, that I will not be able to claim any type of support as the DWP is so strict now. Plus I am no longer resident in the UK.
As a foreign national, I think it is hard to claim benefits from the German Government, but I guess that if one is really ill (as I have been and could be, but hope not to be), one would not be left in the lurch so to speak. I have been asking for German mental health advice services for help and they recommended I come back to them with the answer I get from the UK.
It had also occurred to me that I could look to shift to another type of benefit or credit (from the UK?)at the end of the year's job if I remained well but couldn't find further work.
I'm sorry to submit such a messy issue.
It would be great just to be able to start work and earn a living so that I cost the UK nothing and could build up self-esteem and contribute to society. However, I also need to keep a safety net there should anything happen.
Many, many thanks in advance :)

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9 years 5 months ago #126117 by Gordon
Jan

Although I am reasonably certain about the following I would recommend that you try and get face to face advice from a trained advisor, I accept that this is difficult enough in the UK and may be impossible in Germany. You can try asking the DWP for advice but I would caution you to get any statements that they might make in writing before proceeding.

There is no facility within ESA for claimants to leave ESA and return to it at a later date other than the 12 week linking rule, any period beyond this would require a new claim (see below), I cannot state for certain that this rule is applicable to claimants outside the UK.

You cannot earn more than the PW Upper Limit doing so, even for one week would result in you ESA claim being closed.

It may be possible to claim another benefit, such as PIP, but you will need to pass the Habitual Residence Test, whether you could do this while living in Germany I think is unlikely, but this is nor an area that we deal with on the forum.

You cannot make a new claim for ESA unless you can pass the HRT, further by closing your current ESA(CB) claim you will break the link to your current Contribution history, unless the DWP accept any "contributions" earned in Germany as a replacement, then you cannot make a new claim for ESA(CB) as you will not be able to meet the Contribution requirements. This means that you can only make a new claim for ESA(IR) in the UK. ESA(IR) is not exportable to another country, even in the EEC.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jan

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