Temporary absence = medical treatment

We have been asked to assist a client who has appealed both an ESA and a JSA decision that she is not entitled to benefit during a period of temporary absence from GB for the purpose of medical treatment.

There is plenty of information around regarding the circumstances in which a claimant can be treated as present in GB even when they are abroad.  What we haven’t found is any information as to what a claimant should do in order to avail themselves of those provisions.  Is there a particular form which has to be completed before travelling?

are the grounds for refusal set out in the DM’s decisions?

Payment was refused on the ground that the treatment which the client sought was not NHS treatment.

The situation is, as usual, more complicated than appeared at first.  According to the client, treatment in Hungary was agreed with her GP.  When she informed her JC+ adviser she was told it wouldn’t be a problem and JSA would be paid during her absence.  While she was abroad the jobcentre contacted her surgery and were informed by a receptionist that the treatment was not under the NHS.

In the event, the client’s condition was not considered suitable for the proposed treatment and she returned home without it.  She returned to find that her JSA claim had been “closed” in her absence and she was told that she had to make a claim for ESA instead, asking for the claim to be backdated.

The ESA appeal is doomed to failure because she was not in receipt of ESA before she left GB.

We still require clarification as the exact nature of the proposed treatment.  However, we suspect that neither appeal stands much chance of success, so the client might be better pursuing compensation.  Since she returned home 4 weeks after travelling abroad, a JSA claim should have been linked to a previous jobseeking period.  There also appear to be issues over what information she was given by JC+ before travelling.  We find it hard to believe that there isn’t a laid down procedure for requesting temporary absence when in receipt of benefit, and there is probably a form which comprises part of the procedure.

i should have thought that her GP will confirm that s/he told her to try whatever it was in Hungary - which wouldn’t in any event have been on the NHS!.  and you are no doubt pointing out the linking rules etc…...

but you’re right, of course, there should be some laid down procedure/guidance/whatever so all parties know where they stand!!!!