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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

absence abroad UC Reg. 11 - exclusive or cumulative?

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

Clnt (& family) go to Poland for 5 weeks. Advise DWP (before departure) 2 wks for ‘holiday’ and then 3 weeks for medical treatment (2 members of family - evidenced). DWP determine 11(3) does not apply because the whole period abroad was not solely for medical treatment.

The question is are the provisions of (1) & (3) exclusive - the intention at the outset must be for the period abroad to be either for any reason (max 4 weeks) or medical treatment solely (max 6 months) but cannot mix these criteria.

I note the different construction of UC Reg 11 compared to the equivalents in IS/JSA/ESA. There does not appear to be any case law on legacy provisions on this point nor anything in the ADM/DMG.

Also thinking of other provision such as capital disregard of property where a claimant can rely on more than one disregard over time to ‘extend’ the total disregard period.

My initial opinion is that Reg. 11(1)(a)&(b) are more tightly worded than the legacy versions and client cannot rely on more than one criteria over the time abroad and it depends on the purpose / intention at the outset of the period abroad. That is: (2) extends the period in (1)(b)(i) in the specific circumstance of a death. But (1)(b)(ii) does not act to extend (i) but provides an alternative and separate provision to (i) - it does not extend the ‘any reason’ 1 month period in the way (2) does.

Opinions?