Failed my ESA Tribunal, living abroad

I have lived abroad for 7 years, I was claiming IB when I moved here with my young son. I was re-assessed for ESA and placed in WRAG, contributions based. I appealed the decision and went to Tribunal in the UK last month. I had help from welfare rights advisers with my submission and had someone with me at the hearing.

After a very stressful hearing, the Tribunal decided that I didn't qualify for Support Group, but accepted that I was still unfit for work.

I have asked for the statement of reasons to see if I can appeal to the Upper Tribunal, but in the meantime my payments have stopped under the 365 day rule. I was also receiving Child Tax Credit and Child Benefit, both are aware that I was appealing the WRAG decision, CTC is still being paid, CB is not.

Should I still be entitled to CTC and CB? I have a full 30 years of NI contributions from 23 years working and then IB.

I really don't want to move back to the UK both for my health and for my son's sake and the CTC and CB could make the difference financially.

My health has suffered substantially already as this process has already taken nearly 2 years and I really don't know where to turn now.

Any help or advice would be appreciated.

Hi Woodybird,

Thanks for the update, I am sorry to hear that the Tribunal did not find in your favour.

You have done the correct thing in asking for the Statement of Reasons. If possible you should seek expert advice as to whether there might have been an 'Error in Law' as that would be the only reason for being able to take this further. I'm afraid that this is out of our remit.

We don't advise on Child benefits and your case is further complicated by living abroad.

Thanks for the reply. I wonder if there are any other members in the same situation? According to the DWP, at the start of the conversion process there were 5,200 IB claimants outside the UK, I hope I am not the only one left!