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Forum Home  →  Discussion  →  Residence issues  →  Thread

irESA and going abroad

Darren
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Welfare benefits - Disability Law Service, London

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Total Posts: 37

Joined: 29 July 2019

Hi,

I just wanted to double check that my client, a single British person, who has lived in the UK his whole life, can only continue to receive ESA for 4 weeks if he goes to stay with a friend in an EU country? He is not getting medical treatment etc. My understanding is he wouldn’t be covered by the EU coordination rules.

Thanks

[ Edited: 19 Jul 2022 at 10:23 am by Darren ]
WillH
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Locum adviser - CPAG in Scotland

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Joined: 17 June 2010

Sorry Bez - very late response & your client may already have left!

He’s not covered by the Withdrawal Agreement, so the co-ordination rules can’t apply to him, I think.

I also do not think that the UK-EU protocol assists (that would only help if he was still in the assessment phase for contributory ESA).

Just one thing to double check though - if the stay is going to be in Ireland, then he can continue to be paid contributory ESA regardless of whether he is in the assessment phase or beyond it.

Will

Darren
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Welfare benefits - Disability Law Service, London

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Total Posts: 37

Joined: 29 July 2019

Thanks Will! I think he was thinking of Spain rather than Ireland