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Forum Home  →  Discussion  →  Disability benefits  →  Thread

temporary absence from UK and DLA

Mendip
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Welfare rights, Mendip CAB

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Joined: 7 July 2010

The general rule is that during a temporary absence from the UK a person can continue recieving DLA for 26 weeks.

However, DLA reg 2(2)(e) provides that a long period may be allowed where ‘the Secretary of State has certified that it is consistent with the proper administration of the Act that .... he should be treated as though he were present in Great Britiain.’

can anyone suggest in what circumstances this is likely to happen?

does it have to happen before the absence abroad , or can it be granted retrospectively?

if it is not granted, can it be appealed?

thanks

Steve_h
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Welfare Rights- AIW Health

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This is to provide for people who are temporarily absent from the UK for the purposes of medical treatment

Mendip
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Welfare rights, Mendip CAB

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Just found DMG section :

070822 A person can also avoid disqualification under EC law. To avoid being disqualified for receipt of IISB, IBST and MA whilst absent in another EEA country the Secretary of State must authorise the person to
1.
go to another EEA country to receive treatment (see DMG 071472 - 071475, DMG 072400 and DMG 072420 - 072424)
2.
return to the country where that person is habitually resident (see DMG 071476 - 071477, DMG 072410 and DMG 072425 - 072428) or
3.
transfer residence to another EEA country (see DMG 071476 - 071477, DMG 072410 and DMG 072425 - 072426).

Mendip
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Welfare rights, Mendip CAB

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Steve_h - 17 May 2013 10:25 AM

This is to provide for people who are temporarily absent from the UK for the purposes of medical treatment

thanks Steve, I was aware it was about medical circumstances, sorry I did not make myself clearer, I wondered in what type of circumstances permission actually gets granted, and whether anyone has experience of using these rules