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Apply for uc after booked holiday for 32 days

Questions and discussions about claiming benefits while living and working in the UK

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reda
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Apply for uc after booked holiday for 32 days

Post by reda » Thu Jan 23, 2025 3:07 pm

Hi everyone,

I recently applied for Universal Credit as a couple with two children. Unfortunately, I booked a flight to go back to my country for 32 days, but I heard that I am not allowed to travel out of the UK for more than one calendar month while claiming Universal Credit.

I was wondering if I could book another flight in the middle of my trip to come back to the UK for one day, then go back again to my country. This would break my period outside the UK to less than one month at a time. For example, if I have a flight from 4th March to 6th April (34 days outside the UK), I could book another flight from my country to the UK within this period, say from 10th March to 12th March, just to make it two trips, each one less than 30 days, rather than one trip of more than 30 days. Would this be okay?

reda
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Re: Apply for uc after booked holiday for 32 days

Post by reda » Fri Jan 24, 2025 5:20 pm

reda wrote:
Thu Jan 23, 2025 3:07 pm
Hi everyone,

I recently applied for Universal Credit as a couple with two children. Unfortunately, I booked a flight to go back to my country for 32 days, but I heard that I am not allowed to travel out of the UK for more than one calendar month while claiming Universal Credit.

I was wondering if I could book another flight in the middle of my trip to come back to the UK for one day, then go back again to my country. This would break my period outside the UK to less than one month at a time. For example, if I have a flight from 4th March to 6th April (34 days outside the UK), I could book another flight from my country to the UK within this period, say from 10th March to 12th March, just to make it two trips, each one less than 30 days, rather than one trip of more than 30 days. Would this be okay?
any one can help here please?

Amber
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Re: Apply for uc after booked holiday for 32 days

Post by Amber » Fri Jan 24, 2025 6:36 pm

The UC Regs 2013 state:

11.—(1) A person's temporary absence from Great Britain is disregarded in determining whether they meet the basic condition to be in Great Britain if—

(a)the person is entitled to universal credit immediately before the beginning of the period of temporary absence; and

(b)either—

(i)the absence is not expected to exceed, and does not exceed, one month

You are not entitled to UC until you receive your first payment so it would appear that no, you cannot be entitled to UC if you have an absence from GB before you receive a UC payment (before you’re entitled).

If you want to travel after you're entitled to UC ie after your first payment, then what you say may be possible, however, you may have issues (a) meeting your work related requirements and (b) being habitually resident in fact.

If it’s a couple claim and your partner remains in the UK then entitlement may continue, subject to a potential reduction in the standard allowance etc…..
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reda
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Re: Apply for uc after booked holiday for 32 days

Post by reda » Sat Jan 25, 2025 6:43 pm

Amber wrote:
Fri Jan 24, 2025 6:36 pm
the absence is not expected to exceed, and does not exceed, one month
If I going on 19/07/25 which last day I have to return to uk without exceed one month?
Do they include the day of depart and return on the calculation?
Amber wrote:
Fri Jan 24, 2025 6:36 pm
The UC Regs 2013

(i)the absence is not expected to exceed, and does not exceed, one month

You are not entitled to UC until you receive your first payment so it would appear that no, you cannot be entitled to UC if you have an absence from GB before you receive a UC payment (before you’re entitled).
My holiday will be on the summer so I will receive more than one payment before it
Amber wrote:
Fri Jan 24, 2025 6:36 pm
you may have issues (a) meeting your work related requirements
I am a full-time worker (50 hours per week) and my wife is caring for our disabled child for 35 hours per week.
Do we meet work related requirements ?
reda wrote:
Fri Jan 24, 2025 5:20 pm
(b) being habitually resident in fact.
Iam living on uk more than 20 years continously with my children attending school how can I not be considered as not meeting the requirements of habitually resident?

Amber
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Re: Apply for uc after booked holiday for 32 days

Post by Amber » Sun Jan 26, 2025 5:42 am

UC will count any days as in GB where the person is in GB for only part of the day - so they don't count either the day of departure or the day of return as days outside GB.

Your work related requirements will be met if you earn at or above the administrative earnings threshold, which you appear to do if you work 50 hours per week for at least the national minimum wage. If your wife is entitled to the carer element on UC then she has no work related requirements.

Being habitually resident in fact even applies to British nationals, see - https://www.citizensadvice.org.uk/benef ... to-the-UK/. Although it shouldn’t apply for short, temporary absences in respect of a holiday.

Nonetheless, I don’t see why you just don’t change your flights so that your holiday doesn’t exceed one month? Is an extra day or two really worth all that hassle?
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reda
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Re: Apply for uc after booked holiday for 32 days

Post by reda » Sun Jan 26, 2025 2:49 pm

Amber wrote:
Sun Jan 26, 2025 5:42 am
UC will count any days as in GB where the person is in GB for only part of the day - so they don't count either the day of departure or the day of return as days outside GB.
From my understanding on UC you can be outside uk for one month calendar (not 28 days),can you confirm which date I have to comeback if I going to leave on 19/07/25 is it on
-)18/08/25 (one calendar month)
-)21/08/25 (one calendar month not including depart and return day)
-)15/08/25 (28 days including depart and return day)
-)17/08/25 (28day excluding depart and return day)
reda wrote:
Sat Jan 25, 2025 6:43 pm
Nonetheless, I don’t see why you just don’t change your flights so that your holiday doesn’t exceed one month? Is an extra day or two really worth all that hassle?
My ticket is not refundable or modifable so if I want change this date I will lose the ticket money and pay for another one
But if I book another ticket on the middle of my original ticket with depart from my country will be with my country currency (very cheap)
Original ticket departure from uk £1450
Adding another ticket departing from my country £260 total £1710
But if I cancel my orginal ticket and buy another one is £2900
In order to be on safe side and not be sanctioned
I am planned to add another flight on the middle of my original one (depart from my country with two days in uk then come back to my country again)
Am I lawfull ? Technically I didn't exceed the 30 days outside uk!?

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contorted_svy
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Re: Apply for uc after booked holiday for 32 days

Post by contorted_svy » Sun Jan 26, 2025 5:12 pm

You would still need to declare it to UC. They will decide if you need to return the money for that amount of days. I don't know enough about UC to comment on the specific requirements but you still have to inform your caseworker.
All advice comes from personal research and experience and should not be regarded as professional opinion.

reda
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Re: Apply for uc after booked holiday for 32 days

Post by reda » Sun Jan 26, 2025 6:00 pm

Can you Amber answer my questions please
reda wrote:
Sun Jan 26, 2025 2:49 pm
Amber wrote:
Sun Jan 26, 2025 5:42 am
UC will count any days as in GB where the person is in GB for only part of the day - so they don't count either the day of departure or the day of return as days outside GB.
From my understanding on UC you can be outside uk for one month calendar (not 28 days),can you confirm which date I have to comeback if I going to leave on 19/07/25 is it on
-)18/08/25 (one calendar month)
-)21/08/25 (one calendar month not including depart and return day)
-)15/08/25 (28 days including depart and return day)
-)17/08/25 (28day excluding depart and return day)
reda wrote:
Sat Jan 25, 2025 6:43 pm
Nonetheless, I don’t see why you just don’t change your flights so that your holiday doesn’t exceed one month? Is an extra day or two really worth all that hassle?
My ticket is not refundable or modifable so if I want change this date I will lose the ticket money and pay for another one
But if I book another ticket on the middle of my original ticket with depart from my country will be with my country currency (very cheap)
Original ticket departure from uk £1450
Adding another ticket departing from my country £260 total £1710
But if I cancel my orginal ticket and buy another one is £2900
In order to be on safe side and not be sanctioned
I am planned to add another flight on the middle of my original one (depart from my country with two days in uk then come back to my country again)
Am I lawfull ? Technically I didn't exceed the 30 days outside uk!?

Amber
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Re: Apply for uc after booked holiday for 32 days

Post by Amber » Sun Jan 26, 2025 8:25 pm

If you leave the UK on 19-07-2025 then the one calendar month should start from 20-07-2025 so the latest you could return would be 21-07-2025. However, flights can be delayed so I’d err on the side of caution to return before 21-07-2025.

There is nothing more I can add, UC may nonetheless stop your claim but you can challenge that decision. You must of course report absences. UC may say because you expect to be outside GB more than one month, despite a mid return, that the exceptions in Reg 11 UC Regs 2013 do not apply and your claim should be disallowed.
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reda
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Re: Apply for uc after booked holiday for 32 days

Post by reda » Mon Jan 27, 2025 1:06 am

Amber wrote:
Sun Jan 26, 2025 8:25 pm
UC may say because you expect to be outside GB more than one month, despite a mid return, that the exceptions in Reg 11 UC Regs 2013 do not apply and your claim should be disallowed.
The both tickets were bought months before I leave the UK. However, thank you for your expertise. Do you know any organisations I can ask for help without giving my details (as a general enquiry)? Many thanks.

Amber
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Re: Apply for uc after booked holiday for 32 days

Post by Amber » Mon Jan 27, 2025 6:53 pm

reda wrote:
Mon Jan 27, 2025 1:06 am
Amber wrote:
Sun Jan 26, 2025 8:25 pm
UC may say because you expect to be outside GB more than one month, despite a mid return, that the exceptions in Reg 11 UC Regs 2013 do not apply and your claim should be disallowed.
The both tickets were bought months before I leave the UK. However, thank you for your expertise. Do you know any organisations I can ask for help without giving my details (as a general enquiry)? Many thanks.
Yes you can call Help to Claim:

England: 0800 144 8 444

Scotland: 0800 023 2581

Wales: 08000 241 220
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