LWRCA and travelling abroad?

[dovereny]

Hello, I have been looking for specific details for this information but haven't found one anywhere.

 

Normally, you would be able to travel up to one month abroad while claiming UC benefits (or extended up to another month or 6 months if you meet specific, urgent criteria). But what about those who have a limited capability work and no responsibilies? 

 

Do they have the same requirement? Seeing as the "one month" rule is mostly in place to ensure the person is still meeting their responsibilities. Can someone with LWRCA go for longer than a month?

[unclebulgaria67]

Limit is one month even if LCWRA award is on the claim.

 

If a person wants to leave the country for longer than one month, they will need to inform DWP and advise the reasons for being outside of the UK for longer. If the absence is not for one of the reasons allowed, the claim will close, and UC will have to be reclaimed when they returned to the UK.  The LCWRA award would be lost when the reclaim is made and a new Work Capability Assessment process will be required.

 

From the Advice for decision Makers guidance that is published online.

 

One Month

C1986

For the purposes of deciding whether a person is “in GB” a temporary absence is disregarded provided that

1 1. the person was entitled to UC immediately before the temporary absence started and 2. the absence2 2.1 is not expected to exceed and 2.2 does not exceed one month.

 

1 UC Regs, reg 11(1) ;2 reg 11(1)(b)(i)

 

Extension to One Month disregard

C1987

Where the temporary absence is 1. in connection with the death of

1.1 a partner, or

1.2 a child or qualifying young person1 for whom the person is responsible or

1.3 a close relative of the person, his partner or a child or qualifying young person1 for whom the person or their partner is responsible and

 

2. the Secretary of State considers that it would be unreasonable to expect the person concerned to return to GB within the frst month the one month disregard described in paragraph C1986 may be extended by up to one further month2 . Note: for guidance on the meaning of qualifying young person see ADM Chapter E2.

 

1 UC Regs, reg 2 & 5; 2 reg 11(2)

[dovereny]

Thank you for the response. 

 

I thought the claim would simply restart when the person returns to the UK without needing to start a new claim. The article at https://www.liverpoolecho.co.uk/news/uk-world-news/dwp-rules-you-can-go-25375766 states that "UC will not be stopped altogether, so you won't have to start a new claim all over again - waiting five weeks before payment. But you will not receive a payment covering the period you've been away."

 

I made the mistake of not properly notifying DWP when I was gone for further than a month, but simply because I was originally meant to be abroad for one month. Unepected extenuating circumstances forced me stay there longer. It was a very stressful time and dealing with UC has been the very last thing on my mind. I am now very worried about legal consequences, as I returned in October but have been eventually paid for October and November.

 

I am now asking can they track my flight details? Or will they be able to tell when I have been abroad?

And after I give them specifics what happens after? Do I have to return those payments and will the benefits terminate altogether?

 

Edited November 26, 2022 by dovereny

[unclebulgaria67]

If a claim is closed, within a 6-month period, then a claimant can log into their account and make a reclaim. They would then retain the same assessment period dates. This can depend on reasons for closure and the accounts homepage would show whether a reclaim was possible.

 

In a situation where DWP/UC was not aware of a person being abroad for more than a month, if that person later admitted that they had been outside of the UK for more than one month, they would mostly likely face owing a debt (repayment of UC for the relevant assessment periods).

 

Doubt that DWP will be able to check flight or border control records and cross reference to UC claimants. Government departments due to Data Protection and information sharing rules are limited to what can be automatically shared.  

 

 

[dovereny]

Okay, thank you. That answered my questions.