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Leaving the UK

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If you are planning a trip abroad or planning to live abroad, you may still be able to receive benefit while you are away. Some benefits , such as retirement and widow’s pensions, can be paid no matter how long you are away. For other benefits the conditions are more complex.

There are different rules depending on which country you are going to. The European Community (EC) rules are the most favourable and apply to all European Economic Area (EEA) countries (see below). The UK also has various reciprocal arrangements that can assist if you are not covered by EC rules, as well as reciprocal arrangements with some non-EEA countries. If none of these can help, the general rules on payment of benefits abroad apply.

The general rules, the EC rules and reciprocal arrangements are too varied and complex to cover here. Generally it is best to write to your benefit office (or to the Jobcentre if they pay your benefit), or to the Benefits Agency Pensions and Overseas Directorate (see below), for advice well before you go. Keep a copy of the letter. List the benefits you are getting, give your full name, date of birth and National Insurance number ( or pensions number). Explain the purpose of your visit, where you are going, and how long you plan to be away.

If you are going to an EEA country:

You may come under more favourable EC social security rules. These apply to the whole of the EEA which consists of the 15 member states or the European Union (EU) - Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Republic of Ireland, Spain, Sweden, UK (including Gibraltar, but not the Channel Islands or Isle of Man) - together with Iceland, Norway and Liechtenstein.

The EC rules apply to EEA nationals, refugees and stateless people habitually resident in an EEA country, who are, or were, employed or self-employed, and to their families. Generally you count as employed or self-employed if you have paid contributions under the UK National Insurance Scheme or are insured under a social security scheme of another EEA country.

Reciprocal agreements:

The UK has reciprocal social security agreements with some countries (including all EEA countries except Greece and Liechtenstein - the reciprocal agreement applies where you are not covered by EC rules) which may help you to be paid benefits abroad. Non-EEA countries covered by reciprocal agreements are - Australia, Barbados, Bermuda, Canada, Cyprus, Isle of Man, Israel, Jamaica, Jersey & Guernsey, Malta, Mauritius, New Zealand, Philippines, Switzerland, Turkey, USA, former Yugoslavia. There are also ‘association’ and ‘co-operation’ agreements with some other countries.

Temporary absence:

For many benefits, one of the conditions for payment of benefit while abroad is that your absence is only temporary. This term is not defined in the regulations and in deciding whether your absence is temporary, the DSS should consider all your circumstances including your intentions, the purpose of your absence and the length of the absence - an indefinite absence can still count as temporary. If the decision maker decides your absence is not temporary, you have the right of appeal.

For more information:

If you need advice, a local Citizens Advice Bureau or Law Centre may be able to help you. There are also a number of other agencies where you can get independent advice on immigration matters. Try contacting the Joint Council for the Welfare of Immigrants or the Refugee Legal Centre, Sussex House, 39 - 45 Bermondsey Street, London SE1 3FX (tel: 020 7827 9090) Advice: 020 7378 6242 Detention Line: 020 7403 2511

For more information on benefits for people entering and leaving the UK, see Migration and Social Security Handbook from: Child Poverty Action Group, (CPAG), 94 White Lion Street, London N1 9PF tel: 020 7837 7979

For a guide to immigration law see, Immigration, Nationality & Refugee Law Handbook (JCWI - Joint Council for the Welfare of Immigrants)

DSS leaflets:

You can get some leaflets in languages other then English, on specific benefits as well as some general leaflets such as How To Prove Your Identity for Social Security (GL25).

The main leaflet covering rules for leaving the UK is Social Security Abroad (NI38).

There are also separate leaflets for each country covered by a reciprocal agreement with the UK.

Copies are available from your local DSS office, or from:

Pensions & Overseas Benefits Directorate Tyneview Park, Whitley Road, Benton,
Newcastle upon Tyne NE98 1BA Tel: 0191 218 2000

If you live in Northern Ireland contact Overseas Branch, social security Agency, Commonwealth House, Castle Street, Belfast BT11 DX.