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Thread: Going abroad??? Am I a now crook? I paln to go abroad soon for a month.

  1. #1
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    Going abroad??? Am I a now crook? I paln to go abroad soon for a month.

    Dealing with DWP is a nightmare as they are always rude and negative. When I asked about trip abroad I was told I may have to reviewed.
    If I go abroad is there a form to fill? Will police be waiting for me at the airport? If I stay longer than the stated time.
    Is this really a crime as the 'It's not if we catch .. It's when...' advert more than suggests.

  2. #2
    Senior Member beau's Avatar
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    Tell them you are going on holiday and you will get a short form to fill in, return it and you will get a reply authorising the break. I think the max you can stay is 28 days without your benefit being affected.
    Been abroad several times a year with no problems.
    Your fears are groundless, as for the police, that is just silly.

  3. #3
    vikstar
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    Quote Originally Posted by Blackball View Post
    Dealing with DWP is a nightmare as they are always rude and negative. When I asked about trip abroad I was told I may have to reviewed.
    If I go abroad is there a form to fill? Will police be waiting for me at the airport? If I stay longer than the stated time.
    Is this really a crime as the 'It's not if we catch .. It's when...' advert more than suggests.
    You don't say whether you are in receipt of ESA or DLA, but if you are, then traveling abroad and the subsequent actions involved in such travel may well be taken into account.

    Especially with regards to standing, sitting and mobilising.

    Some claimants have been denied ESA and DLA because assumptions, wrongly or rightly, were made in the assessment process.

    One should try to ensure that all steps are taken when traveling, to deal with your disabilities, records should be kept. You can contact the airline/airport, if applicable.

    There are UT rulings on this issue which you might want to bare in mind in case of any future problems.

    http://www.osscsc.gov.uk/Aspx/view.aspx?id=3297

    One of the questions sometimes asked at assessments is regarding any holidays that you might have taken in recent years, your destination and mode of travel.

    In pointing out the above, many disabled benefit claimants do travel abroad without problem. It is always better to be aware of potential problems that might arise.

    The previous posters are correct with their advice on 28 days.
    Last edited by vikstar; 05-07-13 at 17:50.

  4. #4
    Senior Member susieboots's Avatar
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    It's a sorry situation that a disabled person can't have a holiday without having to jump through hoops explaining how and why.

    I am going to Norfolk for a week with my sister later in the month. We both have disabilities but with the correct planning etc, we can do it. It's a free holiday in respect of accommodation because we stay at my mum's friends bungalow. Not so much a holiday as a change of scene.

    I for one hope you have a lovely holiday in the best way you can.

  5. #5
    vikstar
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    I think going on hols at home or abroad if in receipt of benefits such as ESA is one of those scenarios where "ignorance is bliss".

    ESA and some other benefit claimants are supposed to inform the DWP if they are going to be away from home for one day, overnight.

    Many thousands of such claimants simply go on their hols without even being aware of the rules, and all is O.K.

    I think once one is made aware, it becomes harder, as it then becomes a matter of choice on whether to inform the DWP or not.

    I can remember several similar queries on here, and I think on each occasion the OP was sorry that they had asked the question.

    If it was me, I would take all reasonable steps to cover my axxx, go away, and have the best time that I could.
    Last edited by vikstar; 05-07-13 at 18:27.

  6. #6
    Senior Member beau's Avatar
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    That's all well and good until someone with a grudge reports you as happened to me. I was on IB but it was my private pension on which I paid tax that allowed me to do it.

  7. #7
    vikstar
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    I am not trying to ruin the OP's hols, but I've just read the thread below on rightsnet, and it seems that once you have officially informed the DWP of a hol abroad, (for ESA) they are rigid on the 28 days.

    It appears that they stop payment after the 28 days, and you are forced to make a fresh claim, which if you are in receipt of CB ESA, and have been for some years, or previously on IB, can cause a lot of problems due to lack of qualifying NI Contributions.

    http://www.rightsnet.org.uk/forums/viewthread/4955/

    The OP needs to make sure that they do not exceed the 28 days, if they are actually going to inform the DWP, which is obviously their own choice.

  8. #8
    Senior Member andypandy's Avatar
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    Quote Originally Posted by susieboots View Post
    It's a sorry situation that a disabled person can't have a holiday without having to jump through hoops explaining how and why.

    I am going to Norfolk for a week with my sister later in the month. We both have disabilities but with the correct planning etc, we can do it. It's a free holiday in respect of accommodation because we stay at my mum's friends bungalow. Not so much a holiday as a change of scene.

    I for one hope you have a lovely holiday in the best way you can.
    Totally agree SB

    I go away with my carer, it takes meticulous planning months in advance, she does it all, including packing my suitcase. I just literally turn up

    Message to the OP: have a great holiday

  9. #9
    vikstar
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    Quote Originally Posted by beau View Post
    That's all well and good until someone with a grudge reports you as happened to me. I was on IB but it was my private pension on which I paid tax that allowed me to do it.
    I am not advising anyone to take any risks, in fact, I have warned of the potential pitfalls.

    It is up to the individual how they deal with any such advice.

    The rules with IB were totally different to the much stricter regime we have with ESA, although you still had to inform the DWP if you were to be away from home.

    I don't see how paying tax on a private pension would exempt you from any rules on traveling abroad with respect to IB. I must be honest, I don't really have a great knowledge regarding IB, perhaps you could provide further info on this ?

    It is not the going on holiday, it is how the activities involved in going on holiday regarding travel, etc, might be used against you, if they are in conflict with the reasons that give you the ESA award.

    I have provided UT case law that could be used to counteract any such assumption.

    There is no law that states that you can't go on holiday whilst in receipt of ESA, only that you must inform the DWP if doing so.
    Last edited by vikstar; 05-07-13 at 19:31.

  10. #10
    Senior Member beau's Avatar
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    I didn't mean paying tax exempted me from any rules, I was pointing out that my IB was not spent on holidays, IB was used for living expenses.

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