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Abroad three times (once too long). Did not inform DWP.
Client continuously on IB ESA
Went abroad (outside EEA)...
- 2017 seven weeks (not for treatment - so over the permitted four weeks)
- 2019 three weeks (so within the permitted four weeks)
- 2022 eleven weeks (arguably for non-NHS treatment, so within the permitted twenty-six weeks)
Has not yet informed DWP about any of these absences. They say they didn’t know they had to. They have major mental health issues, so I sort-of believe them.
What will happen when client informs DWP?
My great fear: DWP will suspend benefit immediately and, two months later, say “When you did not return within 4 weeks in 2017 your claim should have ended. You didn’t make a new claim. So everything after the fourth week abroad in 2017 is an overpayment. Here’s a bill for £20,000… and we’re considering prosecuting for fraud. Go and claim UC”
My wildest hope: DWP will say “You returned 3 weeks late in 2017. All the other absences are within limits. We’re not suspending your ESA. Here’s a bill for £250. Just don’t do it again!”
This is a whole new area for me. Could you give me an idea of what I can expect?
Where can I find the relevant information to help me with all the twists and turns that I’m expecting on this case. (We’ll undoubtedly have to deal with HB, CTC, and more)
Thanks in advance
It’s just a closed period supersession. There would be an overpayment for the short past period of disentitlement but entitlement other than that would not be affected. See DMG 04117.
It’s just a closed period supersession. There would be an overpayment for the short past period of disentitlement but entitlement other than that would not be affected. See DMG 04117.
Brilliant. Phew!!! Thanks so much, Elliott.