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Top Disability related benefits topic #991

Subject: "DLA/AA Entitlement when entering Residential Care" First topic | Last topic
DMCC
                              

Residential Section, Social Services,, Warwickshire County Council
Member since
26th Jan 2004

DLA/AA Entitlement when entering Residential Care
Thu 11-Nov-04 03:48 PM

I do not deal with AA/DLA very often and would be grateful for some information or for someone to point me in the right direction.

I am clear that when a client enters Residential Care funded by a Local Authority their entitlement to DLA/AA ends after 28 days.

However if the client is funded by a Local Authority and is paying the full cost or has a deferred payment agreement for the full cost to be repaid at a later date then am I correct in thinking that AA/DLA could be paid? (Is there or did there used to be something about the decision being affected by claiming PC/IS?)

When a client enters Residential care and their property is disregarded for up to 12 weeks and so they may not be charged the full cost for this period. Does this mean that the DLA/AA entitlement ends after 4 weeks and then has to be reclaimed at week 12?

thanks

  

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Replies to this topic
RE: DLA/AA Entitlement when entering Residential Care, jimmckenny, 12th Nov 2004, #1
RE: DLA/AA Entitlement when entering Residential Care, alban, 12th Nov 2004, #2
      RE: DLA/AA Entitlement when entering Residential Care, DMCC, 15th Nov 2004, #3

jimmckenny
                              

social services, kirklees metropolitan council
Member since
21st Jan 2004

RE: DLA/AA Entitlement when entering Residential Care
Fri 12-Nov-04 08:15 AM

These issues have taxed much greater minds than mine, but this is my understanding of the position.

DLA mobility component is not affected if you move into a care home irrespective of whether you are self-funding, retrospectively self- funding, or funded by social services. Note that potentially the position is different if you are 100% funded in a nursing home by the PCT. Essentially because in these circumstances you may be treated as a hospital in-patient.

If you are a self-funder or a retrospective self-funder i.e on deferred payments, you remain entitled to DLA care component/AA - see CA/2604/1998 and CA/2937/1997, which clarified that retrospective self-funders were entitled. These confirmed the decision in a Northern Ireland Court of Appeal case, sorry I can't remember the exact reference, but one of the claimants was called 'Creighton'.

Prior to Octbober 2003 you were not entitled to DLA care component/AA if you were a retrospecive self-funder and were entitled to IS/IBJSA/HB. This regulation was abolished in October 2003. DWP guidance says they will need to see a copy of the agreement you have made with social services to repay the costs of your care home.

There is a comprehensive discussion of these issues in Chapter 17 of the Paying for Care Handbook.

  

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alban
                              

Income Project Officer, Age Concern England, Norbury
Member since
27th Jan 2004

RE: DLA/AA Entitlement when entering Residential Care
Fri 12-Nov-04 10:23 AM

Another good source of information is Age Concern's range of factsheets and information sheets

Local Authority charging procedures for care homes (updated June 04} factsheet 10
http://www.ageconcern.org.uk/AgeConcern/media/FS10AM014.pdf

Treatment of the former home as capital for people in care homes (April 04) factsheet 38
http://www.ageconcern.org.uk/AgeConcern/media/FS10AM014.pdf

Attendance Allowance in care homes (Nov 03) information sheet 13
http://www.ageconcern.org.uk/AgeConcern/media/IS13AttendanceAllowanceincarehomesNov2003.pdf

end of advert

alban

  

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DMCC
                              

Residential Section, Social Services,, Warwickshire County Council
Member since
26th Jan 2004

RE: DLA/AA Entitlement when entering Residential Care
Mon 15-Nov-04 11:07 AM

thanks for the help.

  

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