Holiday on ESA

Hi, I am hoping you can help please. I have read your links on previous posts re holiday but have been unable to find the answer to my question.
I am on ESA support group, my husband works and wants to go on holiday. I understand that I am allowed to go abroad for 28 days and my ESA will not be affected. I always phone the DWP, ESA office and then fill in the form they send out.
My question is in what period of time does the 28 days count. I went abroad in June 2015 for 15 nights and again for 3 nights some time last year, I would need to look the dates up. The proposed holiday this year is for 15 nights in Feb.
If they add all the nights together in a 12 month period I will be over the 28 days. If the year starts in Jan I will be ok.
Also someone said that I would be ok as long as the time abroad was not on a frequent repeated basis eg, 3 weeks away 2 weeks back 3 weeks away ect.
The ESA office does not give consistent advice or will just say to fill in the form, but I do not want to get caught out.
Many thanks in anticipation of your advice.

twink wrote: Hi, I am hoping you can help please. I have read your links on previous posts re holiday but have been unable to find the answer to my question.
I am on ESA support group, my husband works and wants to go on holiday. I understand that I am allowed to go abroad for 28 days and my ESA will not be affected. I always phone the DWP, ESA office and then fill in the form they send out.
My question is in what period of time does the 28 days count. I went abroad in June 2015 for 15 nights and again for 3 nights some time last year, I would need to look the dates up. The proposed holiday this year is for 15 nights in Feb.
If they add all the nights together in a 12 month period I will be over the 28 days. If the year starts in Jan I will be ok.
Also someone said that I would be ok as long as the time abroad was not on a frequent repeated basis eg, 3 weeks away 2 weeks back 3 weeks away ect.
The ESA office does not give consistent advice or will just say to fill in the form, but I do not want to get caught out.
Many thanks in anticipation of your advice.

Hi T,

We have been asked this question before, and I'm afraid that as posted by Gordon : Here , we cannot find a definitive answer.

If you are to inform the DWP, you could include a letter querying this and asking them to confirm in writing that going abroad as suggested by you will not adversely affect your ESA, keeping a copy of the letter.

Sending Documents to the DWP.

bro58

I've been on holiday every year since I've been in receipt of ESA and have never informed the DWP. I am not sure which group I am in but I know they don't expect me to be able to work. Why do they need to know when someone who is too ill to work goes on holiday? It's not as if we're unavailable for work.

irisheyes wrote: I've been on holiday every year since I've been in receipt of ESA and have never informed the DWP. I am not sure which group I am in but I know they don't expect me to be able to work. Why do they need to know when someone who is too ill to work goes on holiday? It's not as if we're unavailable for work.

Hi ie,

I don't know why exactly, but the fact that your ESA payments can be disqualified for being away from home for even a day without informing the DWP where you will be, is covered by ESA Legislation.

ESA Regulations 2008 157. (d)

Which covers "Disqualification for misconduct etc".

157. (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 : ESA Regulation 157.

Although we have heard from members who's ESA payments have been stopped for going abroad for more than the 28 days allowed, we have never heard from a member who's ESA payments have been disqualified for not informing DWP that they were not going to be at home.

How members choose to act regarding this is up to them, we can only inform them of "the rules" as they are.

Before anyone asks the question, how would DWP know if you went abroad without informing them ? the answer is, we don't know !

bro58

I'm sure DWP can request for passenger details if they want to . When I worked for government not DWP we were able to access people's benefit details if it was relevant to case we were dealing with.