EU freedom of movement exporting Universal Credit seeking work abroad

Paul McCluskey made this Freedom of Information request to Department for Work and Pensions

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Department for Work and Pensions,

Can you please provide procedure information on:

1. Applying for a U2 (formerly E303) form to export Universal Credit benefits abroad while looking for work.
2. The appeal process if request for the U2 (formerly E303) form has been declined.

If they are no procedures in place regarding the two points above, can you you please give a full explination regarding why this is not in place.

***This is not a request on information regarding the 1 month leave of abscence , nor is it a request on exporting JSA benefits.***

The procedure that staff (including managerial) in my local Jobcentre Plus and within the Universal Credit call centre found relates only to the JSA(C) benefit. This procedure cannot be used for Universal Credit claiments as mentioned within the Universal Credit FAQS: to receive Universal Credit a person MUST NOT be entitled to JSA (this includes Contribution or Income Based) - ( - this procedure cannot be used for any Universal Credit claiments therefore a different procedure must be in place.

As I live within a Universal Credit Area, I am unable to apply for JSA and automattically switched onto the UC system rendering the above procedure obsolete.

As you are aware the EU freedom of movement act allows a person to carry on receiving their unemployment benefit for at least 3 months (and up to a maximum of 6 months) from the EU country they where were last working, in this case the United Kingdom.

This can only be done if the person is:

1. Wholly unemployed (not partially or intermittently) and
2. Entitled to receive unemployment benefits in the country where you became unemployed.

However they must have been registered as an unemployed jobseeker with the DWP for at least 4 weeks and apply to the DWP services for a U2 form (formerly E303) which is an authorisation to export unemployment benefits.

Therefore again, I ask for information on the two points above.

Yours faithfully,

Paul McCluskey

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DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 10 August 2016 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

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Dear DWP Strategy Freedom of Information,

I have not recieved any reply to my FOI request. This request is now outwith the 20 days, and your department is now breaking the law.

Can you please provide details for my initial request.

Yours sincerely,

Paul McCluskey

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please find attached the response to your FoI request. Apologies for the
delay in getting this to you.

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I am the agent for the fictional strawman that was created with the name Kenneth Heskin left an annotation ()

".......This is because Universal Credit is not payable abroad."
Therefore if the claimant provides the DWP with a UK bank account for the UC to be paid into, the claimant should be entitled to claim UC whilst abroad.