Retaining worker status with absence abroad

Any thoughts appreciated.

I am working with a client who is in receipt of ESA on the basis of retaining his worker status while receiving cancer treatment. He has only relatively recently been awarded.

He is a German national but his family are from South Africa. They would like to take him back for a holiday, with intention to return to the UK after a short period. He is not going abroad for treatment.

I can see that 4 weeks away is no problem. If it were to go over 4 weeks and the ESA claim ended, could he resume his ESA with normal 12 week linking rules or would this be an issue in terms of trying to continue his retained worker status.

Thanks!

The context was slightly different (as in this case the client was still a worker, albeit on unpaid sick leave, whilst out of the UK) however, I think it suggests this might be ok:  BS v SSWP (JSA) [2009] UKUT 16 (AAC)

You could also point to the rules in Article 16(3) Directive 2004/38 on continuity of residence and the fact that if absence from UK broke retention of status that would tend to prevent people from moving freely (although it is annoying in your case the planned travel is outside the EU).

That said, it is a big risk as the DWP may well say that the absence ends the protection of worker status being retained.