Is anyone of aware any case law, or has any ideas on the following. The claimant went to live permanently in a NH about three years ago. He was funded at the time by Social Services. Because his medical needs increased, about two years ago his funding was taken over by the PCT under the 'Continuing Care' provisions. As a result, for DLA purposes he is treated as though he is in hospital and lost his entitlement to the mobility component, or rather would have done but for the fact he has a Motability agreement. When this expires he will not be able to renew it.

The PCT and Social Services are willing to discuss the possibility of a 50/50 funding split if this means he is not treated as being in hospital. If 50/50 won't work, would say 75/25 in favour of the local authority? All the other circumstances of his case would indicate that he is to be treated as a hospital in-patient in line with White v CAO and Botchett v CAO. Thanks.

Hi
I feel that it doesn't matter what the split is as the rules are that everyday someone spends in care (hospital)they don't qualify for DLA (after 6 weeks). So unless he physically leaves the building it won't matter what the split is.
These are only my thoughts on the matter but hopefully others will have other ideas and legislation to help you.
Mark

Sorry maybe I didn't make it clear, he is not actually in hospital. He lives in a care home, but is wholly funded by the PCT, so for DLA purposes he is treated as being in hospital. If he was wholly funded by the SSD he wouldn't be treated as being in hospital and hence would be entitled to the mc. Hence my question about split funding.

My understanding of this (and it has been successful so far) is that if the LA are funding in any way, then they cannot be treated as being 'in hospital or similar institution'. therefore, when the LA begin to contribute towards the funding, 50/50 or any other split, then DLA mobility should be re-instated or claimed if they meet the eligibility criteria.
I haven't got the book with me at the moment, but there is something about this in the CPAG Paying for Care Handbook.
Hope this helps,
Glenda.

Glenda

Thanks for this. I'd checked the 'Paying for Care Handbook' and as far as I could see the advice was not definitive. Maybe I'm looking in the wrong place! Could you possibly point me to the correct section. Thanks.