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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA I/R Temporary absence abroad

tarzier
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The Regard Partnership, Kingston

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Total Posts: 54

Joined: 16 June 2010

I have a client who is in receipt of I/R ESA and wishes to go abroad for 4 weeks.

Under reg 89 of ESA regs 2013,
‘A claimant is to continue to be entitled to an employment and support allowance during the first four weeks of a temporary absence from Great Britain if—

(a)the period of absence is unlikely to exceed 52 weeks; and
(b)while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance.’

My client has asked does day 1 of the 4 week period start when he arrives abroad or the day he leaves the UK and vice versa, coming back when is he treated as being back in the UK.  If someone has the guidelines I would be grateful to explain how this is calculated.  He wants to go away for 4 weeks but not be overpaid.

ClairemHodgson
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Solicitor, SC Law, Harrow

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i should have thought it runs from the day he leaves the country to the day he arrives back in the country.  that would be what one would naturally think…...

tony pickering
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Welfare rights officer - Derbyshire County Council, High Peak

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The relevant ESA commentary in Sweet & Maxwell refers to the commentary under the equivalent IS regs and that commentary advises that the day of leaving and the day of returning are days in which the person is treated as in GB - refers to Decision Makers Guide and R(S) 1/66. 

Tony