Time needed before returning abroad

Hi Claire,

In that case you may be spending less than 24 hours in the UK. I will have to check if there is any case law on this particular subject.

David

Hi Claire,

I cannot find an exact answer to the question as to how little time you need to have spent in the UK before you leave for another 4 weeks. But I should imagine it would be at least 24 hours for it to be counted as a " stay " in the UK. Otherwise you could just be in transit through the UK. If you look at the ESA Regs it is describing a " temporary absence " I should imagine that if you had lots of temporary absences a DWP Decison Maker could argue that the cumulative effect was to make the absences " not temporary " and that your home and " main residence " are now actually abroad.
You should take legal advice from someone who is an expert in this area.
ESA Regs: www.legislation.gov.uk/uksi/2008/794/regulation/152

David

Hi Claire,

You can search for legal advice using the contacts in the link below.
www.disabilityjustice.org.uk/where-to-fi...ce/find-a-solicitor/

David