DLA and temporary absence

I have a client who has to travel to Europe during the summer due to her partner’s business taking place over there and him being her main carer. I am aware Reg 2 of the DLA regs allows for temp absence for 13 weeks (medical treatment not the reason for absence here).

Client is unable to return until September which will take them over the 13w period. DWP suspended DLA (both care and mobility components) last month.

My questions are:
1. can the DWP suspend payment of DLA immeidately if they know the absence is going to exceed the 13 week period or do they have to continue to pay the benefit up to the 13w and then suspend?

2. when the client returns in September are payments reinstated as per her previous entitlement because she has not exceeded the upper temporary absence threshold of 52 weeks?

Any help much appreciated.

On (1) yes, as they know at the outset that the absence is likely to exceed 13 weeks, the payments can be suspended immediately. On (2), yes also as far as I know, the DLA payments should recommence and I don’t think this should trigger a PIP claim either.

Great thanks for the info.

Am I right that the EEA rules wont help here either in allowing the payments to continue because it is classed as a temporary absence and she has not technically moved to another EU country?

I don’t think so, because they can’t claim to be habitually resident in another EEA state (and that would only cover the care component as well, mobility component can only be paid when resident in the UK).

Payments should theoretically resume but DWP have a habit of sending out a claim pack to check nothing has changed and, as they’re not in the habit of sending adult DLA packs out any more, don’t be surprised if they erroneously do send a PIP form out. Have had it happen and it’s hard to unravel.