ESA abroad

I am in the ESA Support Group and was formerly on Incapacity Benefits.

When I temporarily go abroad to a country not in the EEC, my Benefit gets stopped after 4 weeks abroad, however - I can more than once go abroad for 4 weeks within a year, as I have done.

Does anybody know, where I can read up on the exact legislation about this?

Or alternatively answer my following questions please:

Can I go to a non-EEC country for 4 weeks at a time as often as I like?

Is there a time period that I have to be at home between two 4-week journeys?

Can I just touch down within the EU between two 4-week journeys or do I actually have to go to my permanent residence in the UK?

Many thanks for reading - and for those who wonder, my health condition is far more bearable in a dry hot climate than the UK.

Helger wrote: I am in the ESA Support Group and was formerly on Incapacity Benefits.

When I temporarily go abroad to a country not in the EEC, my Benefit gets stopped after 4 weeks abroad, however - I can more than once go abroad for 4 weeks within a year, as I have done.

Does anybody know, where I can read up on the exact legislation about this?

Or alternatively answer my following questions please:

Can I go to a non-EEC country for 4 weeks at a time as often as I like?

Is there a time period that I have to be at home between two 4-week journeys?

Can I just touch down within the EU between two 4-week journeys or do I actually have to go to my permanent residence in the UK?

Many thanks for reading - and for those who wonder, my health condition is far more bearable in a dry hot climate than the UK.

Hi H,

Welcome to Benefits and Work

The rules for ESA are much stricter than with IB.

See : www.gov.uk/claiming-benefits-move-travel...-disability-benefits

The DWP are rigid on the 28 days rule.

It is important that you inform the DWP, otherwise your benefits may be disqualified, see ESA Reg 157. (1) (d) :

"(d)is, without good cause, absent from the claimant’s place of residence without leaving word with the Secretary of State where the claimant may be found."

from :

www.legislation.gov.uk/uksi/2008/794/regulation/157/made

It seems that the DWP can stop payment after the 28 days, you are then forced to make a fresh claim, which if you are in receipt of CB ESA, and have been for some years, or previously on IB, can cause a lot of problems due to lack of qualifying NI Contributions.

As seen in this rightsnet thread :

www.rightsnet.org.uk/forums/viewthread/4955/

I would advise that you go into this carefully before committing yourself, although many claimants do go abroad without problems.

You should also be aware that questions may be asked regarding any trips/holidays abroad at a future ESA reassessment.

If your mode of travel, or holiday itself is in direct conflict with the reasons that you were placed into The SG, negative assumptions may be made.

I hope that I haven't "rained on your parade" but unfortunately, these are the facts.

bro58