Exporting CESA to Spain

Client is considering relocating to Spain. Currently gets CESA with SC.  Condition is extremely unlikely to improve, if anything it will get worse and considerably shorted his lifespan.

The Disability Rights Handbook states that CESA is exportable when residing in an EEA state.  CPAG Welfare Benefits and Tax Credits Handbook and Benefits for Migrants Handbook both state only ESA at the assessment rate is exportable.

Which one is right?

Thanks.

Have you seen this Neil, if not it may help? https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/246116/Chapter_C4_-_ESA.pdf

Assessment phase ESA is classed as a ‘sickness benefit’ and after LCW has been established it becomes an ‘invalidity benefit’. C4130 and then C4155 - C4157 look to me like they cover your question (not to say that DWP guidance is necessarily correct of course!)

Thanks, that might cover it, though it would help if it was made clear that CESA post LCW assessment is a sickness benefit.  A bit concerned then that CPAG Handbooks might need amending.  this is complex stuff and very easy to make a mistake.

neilbateman - 22 October 2015 02:52 PM

it would help if it was made clear that CESA post LCW assessment is a sickness benefit.

Not sure if this is just a typo but it’s not a sickness benefit, it’s an invalidity benefit

Here’s a reply from Rebecca, who wrote the relevant sections.

I agree it is a complicated issue but I am looking at the info in both the handbook and the Migrants book and am unable to find what Neil is reading - Neil please can you state the page numbers you are concerned about.

Neil’s client is clearly not in the assessment phase (receiving SC) and the info is clear therefore that contributory ESA post assessment phase can be exported. Post assessment phase ESA is classed as an invalidity benefit (p.1625 of main handbook & p.254 of Mig book) and invalidity benefits can be exported (p.1630 handbook & p266 Migrants Book)

Looking at the info on exporting individual benefits this is also clear in in Migrants Book:

Migrants Handkook p238

If the EU co-ordination rules apply to you (see p250) and the UK is your competent state (see p257), you can generally continue to be paid contributory ESA if you go to live in another EEA state.

However, in most cases, this distinction does not matter, as sickness benefits are exportable in similar circumstances to invalidity benefits (see p266).

It is not as comprehensive in main handbook:for reasons of space but it does state clearly that:

WBH 2015/16 p. 1607

If the co-ordination rules apply to you and the UK is your ‘competent state’, you can generally continue to be paid contributory ESA if you go to live in another EEA state.

For completeness I also note (although not relevant to Neil’s client) that the effect of the co-ordination rules on export of contributory ESA in the assessment phase is slightly less clear

This is covered in the Migrants Book under the individual benefit in Chapter 15 p.238 (above) & also an overview of the rules on exporting are p266-7 where it notes that although sickness benefits (which are classed by the DWP as a sickness benefit in the assessment phase) are subject to limitations on exportability.

However, in most cases, these are exportable in a similar way to the fully exportable benefits [footnote - Art 7 of EU Reg 883/04] The same info is also covered in the main handbook p. 1630. Please let us know if you have found any pages where something else is said.

Thanks Paul and others.  That’s very helpfully cleared up my confusion which was caused by quickly researching and stopping at the list of sickness benefits.  It’s easy to get lost with this subject and I am very rusty about this particular area.