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Returning from overseas- ehcp and dla

2 replies

CookieMonster22 · 20/07/2020 08:47

We are lucky in that my 9 year old with asd has an excellent ehcp and support package which we fought really hard to secure. He is currently in a special needs school with a one to one as he has quite high needs.

My husband however has been offered a job in France and we are keen to go for a number of reasons. The job will pay for my son to have one to one support whilst we are in France. My concern however is that if it did not work out and we needed to return to the UK how easy would if be to get the support in my son's ehcp reinstated.

Does anyone know if it can be put on hold and if so for how long? We don't want to find out if we return in 6 months time that the ehcp is no longer valid and he will be reassessed. Has anyone been in this situation?

Also does anyone know the situation with dla if you go overseas and then return? If it makes any difference we are planning to apply for a reidence permit in France before the end of the Brexit transition period.

OP posts:
10brokengreenbottles · 21/07/2020 12:22

The LA will cease to maintain the EHCP when you move out of area. With an excellent EHCP and SS it would be risky to move and then return. You may not get the same provision or SS at all or not without a fight.

I believe to meet the residency test for DLA you have to have been present in GB for 2 out of the last 3 years and be 'habitually resident'. So, if you did move for 6 months and it didn't work out you could reapply for DLA on your return. But, again you may not be awarded the same rate you currently have, particularly if you get HRM or HRC.

10brokengreenbottles · 21/07/2020 14:39

Another thing to think about is transition to secondary. If you return and reapply for an EHCP you don't want to be finalising it after all the others have had their EHCPs amended naming their secondary placement. SS places are at a premium and you may not get the best placement for DS.

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