ESA payments abroad

[AndyPandy]

At present I'm in reciept of incapacity benefit. I can claim this
benefit for 6 months a year while I'm abroad, actualy 90 days away and
90 days in the UK. Does the new ESA have similar provisions?
AndyPandy

[Robbie]

Post by AndyPandy
At present I'm in reciept of incapacity benefit. I can claim this
benefit for 6 months a year while I'm abroad, actualy 90 days away and
90 days in the UK. Does the new ESA have similar provisions?
AndyPandy

The same provisions exist for ESA as IB as far as I can see (ESA is
mentioned in the section about payments of benefit to people in other EU
countries and Switzerland). The person has to live in the UK for at
least 6 months in a year. Of course this is only for contributory ESA,
Income Based ESA cannot be paid outside of GB and Northern Ireland.

[AndyPandy]

Post by Robbie

Post by AndyPandy
At present I'm in reciept of incapacity benefit. I can claim this
benefit for 6 months a year while I'm abroad, actualy 90 days away and
90 days in the UK. Does the new ESA have similar provisions?
AndyPandy

The same provisions exist for ESA as IB as far as I can see (ESA is
mentioned in the section about payments of benefit to people in other EU
countries and Switzerland). The person has to live in the UK for at
least 6 months in a year. Of course this is only for contributory ESA,
Income Based ESA cannot be paid outside of GB and Northern Ireland.

Thanks for the reply but trawling the 'net produced this:
"Rules –
What is the short absence rule?
The short absence rule applies for four weeks. It enables ESA
customers to continue to be entitled to and paid ESA for that period.
It requires the customer to continue to meet all the other conditions
of entitlement to ESA during the absence. Under the ESA Regulations
there is no need for the customer to be sick for six months prior to
date of departure from GB."

Department for Work and Pensions | December 2008 page 5 of 14
http://www.dwp.gov.uk/esa/pdfs/t10-esa-factsheet-special-cases.pdf

I go outside the EU and not for treatment.
Is this the end of my travels?
AndyPandy

[Robbie]

Post by Robbie

Post by AndyPandy
At present I'm in reciept of incapacity benefit. I can claim this
benefit for 6 months a year while I'm abroad, actualy 90 days away and
90 days in the UK. Does the new ESA have similar provisions?
AndyPandy

The same provisions exist for ESA as IB as far as I can see (ESA is
mentioned in the section about payments of benefit to people in other EU
countries and Switzerland). The person has to live in the UK for at
least 6 months in a year. Of course this is only for contributory ESA,
Income Based ESA cannot be paid outside of GB and Northern Ireland.

"Rules –
What is the short absence rule?
The short absence rule applies for four weeks. It enables ESA
customers to continue to be entitled to and paid ESA for that period.
It requires the customer to continue to meet all the other conditions
of entitlement to ESA during the absence. Under the ESA Regulations
there is no need for the customer to be sick for six months prior to
date of departure from GB."
Department for Work and Pensions | December 2008 page 5 of 14
http://www.dwp.gov.uk/esa/pdfs/t10-esa-factsheet-special-cases.pdf
I go outside the EU and not for treatment.
Is this the end of my travels?
AndyPandy

The best thing is to contact the International Pensions Centre in
Newcastle who deal with this sort of thing.

http://www.thepensionservice.gov.uk/contactus/home.asp

http://www.thepensionservice.gov.uk/contactus/contact-pod-form.asp

They are open from 8am to 8pm Mon-Fri

0191 218 7777

or you can fill in a form at the above link to email them.

[AndyPandy]

Post by Robbie

Post by AndyPandy

Post by Robbie

Post by AndyPandy
At present I'm in reciept of incapacity benefit. I can claim this
benefit for 6 months a year while I'm abroad, actualy 90 days away and
90 days in the UK. Does the new ESA have similar provisions?
AndyPandy

The same provisions exist for ESA as IB as far as I can see (ESA is
mentioned in the section about payments of benefit to people in other EU
countries and Switzerland). The person has to live in the UK for at
least 6 months in a year. Of course this is only for contributory ESA,
Income Based ESA cannot be paid outside of GB and Northern Ireland.

"Rules –
What is the short absence rule?
The short absence rule applies for four weeks. It enables ESA
customers to continue to be entitled to and paid ESA for that period.
It requires the customer to continue to meet all the other conditions
of entitlement to ESA during the absence. Under the ESA Regulations
there is no need for the customer to be sick for six months prior to
date of departure from GB."
Department for Work and Pensions | December 2008 page 5 of 14
http://www.dwp.gov.uk/esa/pdfs/t10-esa-factsheet-special-cases.pdf
I go outside the EU and not for treatment.
Is this the end of my travels?
AndyPandy

The best thing is to contact the International Pensions Centre in
Newcastle who deal with this sort of thing.
http://www.thepensionservice.gov.uk/contactus/home.asp
http://www.thepensionservice.gov.uk/contactus/contact-pod-form.asp
They are open from 8am to 8pm Mon-Fri
0191 218 7777
or you can fill in a form at the above link to email them.

Thanks for the info, I've mailed them.
AndyPandy

[Clive Martin]

"Rules –
What is the short absence rule?
The short absence rule applies for four weeks. It enables ESA
customers to continue to be entitled to and paid ESA for that period.
It requires the customer to continue to meet all the other conditions
of entitlement to ESA during the absence. Under the ESA Regulations
there is no need for the customer to be sick for six months prior to
date of departure from GB."
Department for Work and Pensions | December 2008 page 5 of 14
http://www.dwp.gov.uk/esa/pdfs/t10-esa-factsheet-special-cases.pdf
I go outside the EU and not for treatment.
Is this the end of my travels?

Probably.

IB is payable anywhere for up to 6 months, provided you have been
incapable for 6 months before going, remain incapable whilst abroad, and
that it is consistent with the proper administration of the benefits
system.

So you can do what you are doing now fine.

In addition, there are various reciprocal agreements with non-EEA
countries (you may be able to export your IB if you emigrate to
Australia, for example) and, further, various legal rights to it
(whatever the DWP or British governments may argue from time to time) to
export IB to EEA countries.

It would seem that entitlement to (contributory) ESA abroad is subject
to a new 4-week rule, is not covered by reciprocal agreements, and will
be subject to further attempts by the DWP and British government to
argue that it is not exportable to EEA countries (although it almost
certainly is).

However, there may be practical difficulties facing the DWP in that both
they have not yet, from the sound of it, "migrated" you to cESA (so the
current IB rules still apply to you) and, also, there is sometimes some
difficulty in social security law in taking away your "accrued rights"
(i.e. you may be either given a transitional right to carry on under the
old rules for absences when migrated, or might argue that you had such a
right even if the DWP do not decide to grant it).

Clive

[AndyPandy]

On Sun, 15 Mar 2009 20:56:10 +0000, Clive Martin

Post by Clive Martin

Post by AndyPandy
"Rules –
What is the short absence rule?
The short absence rule applies for four weeks. It enables ESA
customers to continue to be entitled to and paid ESA for that period.
It requires the customer to continue to meet all the other conditions
of entitlement to ESA during the absence. Under the ESA Regulations
there is no need for the customer to be sick for six months prior to
date of departure from GB."
Department for Work and Pensions | December 2008 page 5 of 14
http://www.dwp.gov.uk/esa/pdfs/t10-esa-factsheet-special-cases.pdf
I go outside the EU and not for treatment.
Is this the end of my travels?

Probably.
IB is payable anywhere for up to 6 months, provided you have been
incapable for 6 months before going, remain incapable whilst abroad, and
that it is consistent with the proper administration of the benefits
system.
So you can do what you are doing now fine.
In addition, there are various reciprocal agreements with non-EEA
countries (you may be able to export your IB if you emigrate to
Australia, for example) and, further, various legal rights to it
(whatever the DWP or British governments may argue from time to time) to
export IB to EEA countries.
It would seem that entitlement to (contributory) ESA abroad is subject
to a new 4-week rule, is not covered by reciprocal agreements, and will
be subject to further attempts by the DWP and British government to
argue that it is not exportable to EEA countries (although it almost
certainly is).
However, there may be practical difficulties facing the DWP in that both
they have not yet, from the sound of it, "migrated" you to cESA (so the
current IB rules still apply to you) and, also, there is sometimes some
difficulty in social security law in taking away your "accrued rights"
(i.e. you may be either given a transitional right to carry on under the
old rules for absences when migrated, or might argue that you had such a
right even if the DWP do not decide to grant it).
Clive

Thanks for all that. I go abroad for the cheaper cost of living, I'm
planning in advance and assume they'll shove me onto the new scheme in
February 2010 when my review is due.

I'm further assuming that my entitlement will continue under the
stricter criteria hence all my questions. It sounds like I'll be going
down the appeals route quite a lot or stay here and freeze? I've heard
nothing from the pensions people but they are government after all!
What to do?
Andy
AndyPandy

[Robbie]

Post by AndyPandy
On Sun, 15 Mar 2009 20:56:10 +0000, Clive Martin

Post by Clive Martin

"Rules –
What is the short absence rule?
The short absence rule applies for four weeks. It enables ESA
customers to continue to be entitled to and paid ESA for that period.
It requires the customer to continue to meet all the other conditions
of entitlement to ESA during the absence. Under the ESA Regulations
there is no need for the customer to be sick for six months prior to
date of departure from GB."
Department for Work and Pensions | December 2008 page 5 of 14
http://www.dwp.gov.uk/esa/pdfs/t10-esa-factsheet-special-cases.pdf
I go outside the EU and not for treatment.
Is this the end of my travels?

Probably.
IB is payable anywhere for up to 6 months, provided you have been
incapable for 6 months before going, remain incapable whilst abroad, and
that it is consistent with the proper administration of the benefits
system.
So you can do what you are doing now fine.
In addition, there are various reciprocal agreements with non-EEA
countries (you may be able to export your IB if you emigrate to
Australia, for example) and, further, various legal rights to it
(whatever the DWP or British governments may argue from time to time) to
export IB to EEA countries.
It would seem that entitlement to (contributory) ESA abroad is subject
to a new 4-week rule, is not covered by reciprocal agreements, and will
be subject to further attempts by the DWP and British government to
argue that it is not exportable to EEA countries (although it almost
certainly is).
However, there may be practical difficulties facing the DWP in that both
they have not yet, from the sound of it, "migrated" you to cESA (so the
current IB rules still apply to you) and, also, there is sometimes some
difficulty in social security law in taking away your "accrued rights"
(i.e. you may be either given a transitional right to carry on under the
old rules for absences when migrated, or might argue that you had such a
right even if the DWP do not decide to grant it).
Clive

Thanks for all that. I go abroad for the cheaper cost of living, I'm
planning in advance and assume they'll shove me onto the new scheme in
February 2010 when my review is due.
I'm further assuming that my entitlement will continue under the
stricter criteria hence all my questions. It sounds like I'll be going
down the appeals route quite a lot or stay here and freeze? I've heard
nothing from the pensions people but they are government after all!
What to do?
Andy
AndyPandy

If you are on IB then you may stay on IB for another few years yet. I
think the Government intend to move everyone over from IB to ESA in
either 2011 or 2012 at the latest.

[paul wilson]

hi all i am in receipt of ESA and DLA (high rate) cares middle rate and my
partner is my carer i have been told from DWP that i can go a broad for 26
weeks and still get payed my DLA,cares and my partner will still get her
carers to.but when it comes down to ESA they are saying that i am only
allowed 4 weeks away payed though i am still intitled to it when i am away
it will not be payed, surely this as got to be wrong? any body know?

url:http://myreader.co.uk/msg/13973235.aspx

[paul wilson]

hi all i am in receipt of ESA and DLA (high rate) cares middle rate and my
partner is my carer i have been told from DWP that i can go a broad for 26
weeks and still get payed my DLA,cares and my partner will still get her
carers to.but when it comes down to ESA they are saying that i am only
allowed 4 weeks away payed though i am still intitled to it when i am away
it will not be payed, surely this as got to be wrong? any body know?

url:http://myreader.co.uk/msg/13973235.aspx

[paul wilson]

i have been looking into ESA Abroad and found out that ESA can be paid
indefinate as long its in the EU and you need to fill in an BF 5 Form. the
Job centre can only make a decision up to 4 week then it goes to the ESA
Team as i have just got off the phone with them, hope this helps anyone

Doingok

url:http://myreader.co.uk/msg/13973235.aspx