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Claiming benefits abroad

CDV Adviser
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My client was on holiday in Turkey with her family when her husband suffered a heart attack. He was self-employed in the UK before the holiday but was returning as a paid employee (but hadn’t actually started the job). She doesn’t work and they have 2 children. They cannot move him back to the UK as he is still life risk. Would she be able to claim benefits either from this country or Turkey?

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CDV Adviser
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Nestor Financial Group Ltd

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Can anyone help? No entitlement to contrib bens as self-employed.

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Daphne
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Hi Phil - not an expert on this but CPAG pg 1590 says that you can be treated as present, and therefore entitled to benefit, during a temporary absence. For means-tested benefits it says not defined so you would need to show that it was temporary - but it does say if the purpose of the trip was a holiday and you buy a return ticket it should be regarded as temporary. I realise the return is delayed but the intention is surely the same.

Other thoughts welcome though!

Is your client’s home in a full service UC area or not do you know?

CDV Adviser
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Thanks Daphne.

Full service area so although she can presumably claim online from Turkey, she would have to return to complete the new claim process. The problem with that being she would have to bring both her children with her and the cost involved. She is also reluctant to leave her husband as he is still critical. Can you think of any way she could claim without returning to the UK?

Daphne
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Mmm - there’s some interesting information in this thread - https://www.rightsnet.org.uk/forums/viewthread/11578/#53960 - reg 37 says she has to provide information in support of her claim and accept a claimant commitment - could she possibly do that from abroad - and given the circumstances I would say there is a good argument for no conditionality as she is caring for her husband and he clearly cannot have conditionality.

I think the only thing she can do is to make a claim, explain all the circumstances - as far as I can see legally she should be able to claim but given all the problems in UC I think there are bound to be difficulties. But claim and escalate if necessary I think.

And at least if she gets the claim in it will establish a date of claim and she might be able to make an appointment within the month.

Sorry not to be more help but us know how you get on…

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Nestor Financial Group Ltd

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Thanks Daphne. I’ll let you know what happens.