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LCWRA and going abroad
- Gary
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7 months 3 weeks ago #289403 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LCWRA and going abroad
Hi J.b
I am not exactly sure of the exact regs, you need to contact your local Welfare Rights Organisation; advicelocal.uk
Gary
I am not exactly sure of the exact regs, you need to contact your local Welfare Rights Organisation; advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Bud
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7 months 3 weeks ago #289416 by Bud
Replied by Bud on topic LCWRA and going abroad
J.b, I asked this question some years ago just out of interest, as I thought that it would be 4 weeks in total. Now if I understood correctly it was 4 weeks consecutive, which shocked me as I never expected it to be. I’m sure many people who visit family do this, whether or not DWP know about it is another matter.
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- Jacs
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7 months 3 weeks ago #289474 by Jacs
Replied by Jacs on topic LCWRA and going abroad
I posted on Saturday but cannot see my post yet and haven't had a reply as yet. My parents live in Spain and haven't seen them for 6.5years due to my health and theirs, they haven't been to UK since 2012. I'm on PIP and ESA IR Support Group, SDP, EDP and I wanted to know how long I can travel for wanting to go and see them for a month or more to recuperate from cervical spine neck surgery 4wksa go and my parents in their 80s need support their health too. is 4 wks exactly 4wks aws looking go 15/4 - 17/5 or thereabouts?
Thank you
Jacs
Thank you
Jacs
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- Gary
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7 months 3 weeks ago #289476 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LCWRA and going abroad
Hi Jacs
Are you sure you posted your post, I cannot see it in the system. Mods do not usually work at weekends, so your post would not have been seen until Monday at the earliest
In answer to your question; It is 13 weeks for PIP and 4 weeks for ESA. The day they leave and the day they return should not be counted. See
www.gov.uk/claim-benefits-abroad/disability-benefits
If the claimant is only receiving Contribution Based ESA then the claim is usually suspended if the claimant exceeds the limits, if they are only receiving Income Related ESA then the claim will be closed and as a new claim would be required, this may require a claim for Universal Credit.
The law on this is black and white on this subject, so if their absence extends to more than 28 days even if it was originally planned for less, then, their ESA stops.
Gary
Are you sure you posted your post, I cannot see it in the system. Mods do not usually work at weekends, so your post would not have been seen until Monday at the earliest
In answer to your question; It is 13 weeks for PIP and 4 weeks for ESA. The day they leave and the day they return should not be counted. See
www.gov.uk/claim-benefits-abroad/disability-benefits
If the claimant is only receiving Contribution Based ESA then the claim is usually suspended if the claimant exceeds the limits, if they are only receiving Income Related ESA then the claim will be closed and as a new claim would be required, this may require a claim for Universal Credit.
The law on this is black and white on this subject, so if their absence extends to more than 28 days even if it was originally planned for less, then, their ESA stops.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jacs
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7 months 3 weeks ago #289524 by Jacs
Replied by Jacs on topic LCWRA and going abroad
Hi Gary,
Thank you for responding. I posted late Saturday, early hours Sunday, how strange. Not to worry.
Yes its for me to visit my parents as not seen them in 6.5 years and wanted go stay to recuperate from my cervical spine surgery as I have no family in the UK as they moved to Spain 21yrs ago and my sisters in NZ and I live alone and recently lost my furbaby which am really struggling ontop of recuperating.
I am on PIP and ESA(IR) support group with EDP and SDP. So its 4 weeks plus 1 day either side travel to/from, you then say 28 days for ESA IR, so 28 days away with day before/after being allowed for travel is that right? I saw 12 weeks for PIP but can't as on both disabilities.
I have to arrange flights, car to/from airport with support and special assistance at the airport both ends. I guess visiting parents to recuperate because that's where mine live, retiring their would be seen as fine if they still lived in UK but cos abroad its seen as a holiday, which is ridiculous if so black and white, as my parents are in their 80s and not seeing them for 6.5yrs.
How do they know from passport control, biometric passport I suppose.
I also read some old post that you have to tell them you're going away, do I really have to? When I last visited them 6.5yrs ago I had just gone on long term sick from work in London and wasn't on benefits at that point and I had to change my flights becuase my Dad had a stroke and stayed to help Mum out and attend Dad's hospital appointments and they're having some tests and scans at the moment, so I again guess they wouldn't care about this as its 'abroad' so is a 'holiday' ??
Many thanks
Jacs
Thank you for responding. I posted late Saturday, early hours Sunday, how strange. Not to worry.
Yes its for me to visit my parents as not seen them in 6.5 years and wanted go stay to recuperate from my cervical spine surgery as I have no family in the UK as they moved to Spain 21yrs ago and my sisters in NZ and I live alone and recently lost my furbaby which am really struggling ontop of recuperating.
I am on PIP and ESA(IR) support group with EDP and SDP. So its 4 weeks plus 1 day either side travel to/from, you then say 28 days for ESA IR, so 28 days away with day before/after being allowed for travel is that right? I saw 12 weeks for PIP but can't as on both disabilities.
I have to arrange flights, car to/from airport with support and special assistance at the airport both ends. I guess visiting parents to recuperate because that's where mine live, retiring their would be seen as fine if they still lived in UK but cos abroad its seen as a holiday, which is ridiculous if so black and white, as my parents are in their 80s and not seeing them for 6.5yrs.
How do they know from passport control, biometric passport I suppose.
I also read some old post that you have to tell them you're going away, do I really have to? When I last visited them 6.5yrs ago I had just gone on long term sick from work in London and wasn't on benefits at that point and I had to change my flights becuase my Dad had a stroke and stayed to help Mum out and attend Dad's hospital appointments and they're having some tests and scans at the moment, so I again guess they wouldn't care about this as its 'abroad' so is a 'holiday' ??
Many thanks
Jacs
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