Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Pensioner on DLA going on very long holiday.

  1. #1

    Pensioner on DLA going on very long holiday.

    I receive state pension and DLA. I have my own private pension. I don't receive any means tested benefits. I'm going to Australia to visit my sons. I'm going for 25 weeks for their summer and beginning of Autumn. Haven't met some of my grandchildren! I have return tickets and travel insurance and someone to keep an eye on the house as per the insurers demands. I'm finding confusing information. Does anyone know can I keep being paid my DLA whilst I'm away. Some searches say I can some say I can't and some say I must tell the DWP. Sorry to be naive but I wouldn't have thought to tell them. Will they stop my DLA and if so will I be allowed to claim DLA on my return or not be able to claim anything as I'm over 65? Thanks for any advice.

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,911
    You are getting 2 different answers because it depends on the reason why you go abroad.

    It's 13 weeks if you are going abroad for a holiday, etc.
    It's 26 weeks if you are going abroad for medical treatment.
    After that time abroad your DLA would stop, you must tell the DWP if you go abroad.

    https://www.gov.uk/claim-benefits-ab...ility-benefits

    So as you are not going for medical treatment your DLA will only be paid for 13 weeks after you go.

    As you are over state pension age then on your return you will not be able to recalim DLA (or claim PIP) and so will have to claim Attendance Allowance instead.
    https://www.ageuk.org.uk/information...nce-allowance/
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Thanks. I’ve made 2 calls to the DLA helpline today. Both said it will be stopped after 13 weeks (said phone them day before I go) then if I call them when I get back in the country it will be reinstated as DLA. I queried it twice as I said are you sure as I’ve over pension age and they both insist that the benefit you were on is what is reinstated. Not sure what to do now as I don’t think they’ll put it in writing. Any advice? Thanks. .

  4. #4
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,911
    I'm not totally sure, but I believe that if you are abroad long term then benefits get stopped and not just suspended.
    Some benefits can be linked back to a previous claim if reclaimed within 12 weeks.
    But the rules on making a new claim for DLA/PIP over pension age would rule that out anyway

    It sounds that you are all booked and going whatever else so all you can do is try getting DLA restarted when you return.
    But TBH I would plan on having to claim AA instead.

    Do you have a Mobility component in DLA?
    That is the big difference between DLA/PIP and AA.
    AA never includes mobility.
    Last edited by nukecad; 10-02-2019 at 04:43 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Yes I get mobility. I probably won't be able get the chance to go again so I'm likely to go I guess so do as required and see what happens when I get back. Thanks for your help.

  6. #6
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,911
    It's obviously going to be a while but if you could let us know what happens when you do come back from Oz It would be interesting.

    Have a good trip.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #7
    There is a rapid reclaim for PIP after going abroad for more than 13 weeks but less than 52 weeks if you meet the eligibility requirements.

    Read this:

    https://www.benefitsandwork.co.uk/ne...er-time-abroad

    I cannot find any information about whether this also applies to DLA.

    It may be worth enquiring from the Citizens Advice and asking them to look in CPAG (the benefits 'bible') to find out if a rapid reclaim applies to DLA.
    I try my best

  8. #8
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,911
    The issue here is that Taffy is above state pension age.

    A rapid reclaim is still a new claim.

    DLA can no longer be claimed, except for a child, PIP must be claimed instead.
    PIP cannot be claimed by those over SPA, so Attendance Allowance must be claimed instead.

    However I have found a regulation that should enable Taffy to still make a claim for PIP, including the mobility component, on return from abroad.
    It's in this thread on rightsnet (which is about someone going abroad and missing the DLA-PIP transfer invitation): https://www.rightsnet.org.uk/forums/...d/13906/#65055
    Reg 27(3) of the PIP (TP) Regs would appear to allow him to make a claim for PIP if he (a) was under 65 on 08/04/2013 .... and (b) he has been entitled to DLA in the preceding 12 months.
    This is confirmed in an earlier rightsnet thread that quotes from government guidance: https://www.rightsnet.org.uk/forums/...260/P15/#54451
    There is a link to the actual guidance in that post.
    PIP will not be available to new claimants who are over the upper age limit
    (age 65 or State Pension age, whichever is higher), except where they had a
    previous claim to PIP or DLA which ended within the last 12 months
    or where
    they applied before that age, but that claim was not decided. Anyone making
    a new claim over the upper age limit will instead need to make a claim for
    Attendance Allowance.
    I would say that it would take help from a professional advisor (refer them to those rightsnet threads) to get this done correctly though.
    Some/most of the PIP claims people seem ignorant of that regulation and will try to insist that those over SPA cannot claim PIP in any circumstances.
    See post #8 in that first link above.

    It should also be noted that this will still be a new PIP claim, with no guarentee of the assessment outcome.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #9
    Why not save the messing about and just go for 12 weeks. Then go again later on if you want. I'd rather do that than risk losing it for life.

  10. #10
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,911
    Quote Originally Posted by abcd69 View Post
    Why not save the messing about and just go for 12 weeks. Then go again later on if you want. I'd rather do that than risk losing it for life.
    I believe that the trip is already booked, so it's damage limitation time.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

Similar Threads

  1. New almost-pensioner PIP claimants to get 10 year awards
    By microbar in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 10
    Last Post: 06-01-2019, 06:00 PM
  2. Career & Holiday Pay
    By Lu1 in forum Travel - help & advice on holidays and accessible travel for disabled people
    Replies: 3
    Last Post: 12-07-2017, 01:47 PM
  3. holiday ??
    By maggieomx in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 9
    Last Post: 06-05-2015, 07:18 AM
  4. war pensioner and pension credits asessment with atos
    By cher in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 0
    Last Post: 10-01-2013, 02:29 PM
  5. Holiday pay and ESA
    By davidbulman in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 7
    Last Post: 12-27-2012, 07:03 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •