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ESA and absence abroad
A simple query but I can’t seem to easily get hold of the answer.
I have a service user who is in the USA for the period from 06/10/2018 to 01/11/2018 which is within the 4 week temporary absence period but is now considering extending the absence to more than 4 weeks.
He is aware that his particular facts mean that he will not be entitled to ESA beyond 4 weeks. However, what happens to his claim when he informs the DWP. He can only be paid for the first 4 weeks. After this is the claim suspended or closed.
If suspended then it is relatively straight forward to notify the DWP when he returns and payment can start again.
If closed and the award ends then he will have to make a new claim.
Which is it?
His concern is that as he gets a loan for mortgage interest this will also end?
In my experience, it will be fully closed and therefore he should think carefully about his options.
Edit: If they discover after the fact, the claim stays open and an OP is generated.
And don’t forget if it’s a full service area it will be UC he has to claim on his return if the ESA claim is closed.
I had a similar situation a couple of years ago and could not find a definitive answer at the time but in my case the DWP just suspended payment and reinstated it upon his return. I don’t know why. He was on CB ESA only.
This old thread discusses in detail https://www.rightsnet.org.uk/forums/viewthread/4955/#20319
I think reg.151 and 152 of the ESA Regs are fairly clear that ESA entitlement only maintains for up to 4 weeks maximum, provided overall absence also likely to be less than 52 weeks (in standard temporary absences of course, not related to medical treatment etc)..
Absence from Great Britain
151.—(1) A claimant who is entitled to an employment and support allowance is to continue to be so entitled during a period of temporary absence from Great Britain only in accordance with this Chapter. A claimant who continues to be entitled to a contributory allowance during a period of temporary absence will not be disqualified for receiving that allowance during that period under section 18(4) of the Act.
Short absence
152. A claimant is to continue to be entitled to an employment and support allowance during the first 4 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.
If the basic conditions above aren’t satisfied, then the ESA award stops due to the operation of sec.1(3)(d) of the WRA 2007, which requiires a claimant to be “in Great Britain”
Thanks all for your replies.