Hi everyone just i simple question i think!!
I have a client who is in hospital and it is fast approaching the 28 day rule for her AA. I was wondering when to put in a claim for a Discretionary Payment. She qualifies for HB through the Pension Credit Passport rule (she started getting Pension Credit when she was awarded AA) so after 28 days her AA will stop resulting in HB stopping. My understanding is to be eligible for DHP you have to be in receipt of HB, as this will be too late after 28 days. Any suggestions to save this lady from severe financial difficulties.

Thanks

Does she have more than £16,000 capital?

NO she has a state pension of 109.30 and a works pension of 47.50pk
and savings less than £16,000

Does your client have an assessed income period for PC. If so, have a look at this thread (there are others about AIP's in the PC forum):

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=105&topic_id=614

Yeah i know abt AIP as she is only 64 this will not count

She will not lose her entitlement to Housing and Council Tax Benefit when her AA and PC stop, but her HB and CTB will be reduced. This will not prevent an application for a DHP.

Do you have any contacts with the LA Benefits Section that you could explain the circumstances and arrange for forms to be available so the DHP application can be completed in advance of the 28 days in hospital? The LA may also require verification of her income and capital following the end of her P/Credit award.


hope this helps

Hi Simon could you please elborate on that why would HB/CTB be reduced and not end as her Pension Credit is linked to HB/CTB? Sorry i am a bit slow!

An end to Pension Credit does not end her entitlement to Housing and Council Tax Benefit, it is only a change of circumstances. She will revert from passported full benefit to HB/CTB based on her income. Based on the details of her income you have provided she will have to pay the first £24.50 per week of her rent and the first £7.50 of her Council Tax. The remainder of her eligible rent and Council Tax will be met by benefit.

Have you calculated HB/CTB entitlement based on pension income without PC?

When PC stops, your client should be invited to reclaim HB/CTB. Alternatively, it might only be suspended whilst the LA collects other income/capital details.

If there is no entitlement without PC (e.g. pension and tariff income too high) then you are right - no DHP, which can only be used to top up an existing entitlement.

Only other suggestions would be to budget for the rent - which should be possible with the client being in hospital - or perhaps apply to local charities; but they would be unlikely to help with ongoing committments.

The applic amount for HB is 138.10 so she's only got excess income of £18.40. You need to look at her capital but at the most it can only be £20 tariff income (£1 for every £500 between £6K and £16K) so she should get some HB obvioulsy depending on her rent

How come she's getting AA if she's only 64?

sorry i meant DLA middle care (typo error)
silly me, trying to do many things at once

such a simple thing - why did none of us pick up on that one