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UC claim by hospital
Hi
I’ve just had a case referred to me. The claimant has serious mental health problems and his mother is his appointee. He was getting HB, ESA and PIP. He was sectioned in July 2019. Unbeknownst to his mother, the hospital also applied for appointeeship in October 2019 and then applied for Universal Credit on his behalf. Although he has an ongoing tenancy, they did not put down any housing costs on his UC claim. Housing Benefit continued in payment until the beginning of June 2020.
So there will be an HB overpayment from Oct 2019 - June 2020. And even if they manage to get backdated housing costs onto his UC he will only get them from July - January. And when he is discharged from hospital he will be worse off, because he was getting the sdp with his ESA.
Is there anyway to get the UC claim ‘retracted’? I’m very confused about there being two appointeeships granted, and also about the hospital making decisions which were not in his interest.
Thanks
An update - his mother was his appointee for PIP and HB. The hospital is his appointee for UC. He handled his ESA claim himself. His ESA is currently dormant but has not been terminated. He has the severe disability premium on his ESA. I’m thinking therefore that the UC claim should not have been allowed, and because it has meant that he is substantially worse off (both in terms of housing costs and loss of sdp) he should be repatriated onto legacy benefits. This would also remove any Housing Benefit overpayment.
The hospital has told me that it has been their standard practice for over 2 years to apply for UC for patients on admission…......
The hospital has told me that it has been their standard practice for over 2 years to apply for UC for patients on admission…......
New criteria for a “failing Trust” right there. That’s appalling.
The hospital has told me that it has been their standard practice for over 2 years to apply for UC for patients on admission…......
New criteria for a “failing Trust” right there. That’s appalling.
That is very worrying. Maybe a letter from you, Jaykay, to the hospital explaining why they should not be doing this?
I have just realised that he would not have fulfilled the sdp gateway conditions as his PIP payment was suspended after 28 days in hospital, and so therefore he lost the sdp at that point.
So I think I am left with trying to argue that the UC claim was invalid as 1) the correct appointeeship procedure was not followed and 2) the hospital as an appointee failed to act in his best interests.
The procedure says that there can only be one appointee for all benefits, and so the DWP should not have appointed the hospital without revoking his mother’s appointeeship, and they should not have done that without investigation.
The person who made the UC claim for him has never met him. They did not know that he had a tenancy (even though the hospital did). They did not contact his family or the DWP to check his existing entitlement to benefits.
It certainly seems like a litany of bad practice from the hospital.
The hospital has told me that it has been their standard practice for over 2 years to apply for UC for patients on admission…......
New criteria for a “failing Trust” right there. That’s appalling.
That is very worrying. Maybe a letter from you, Jaykay, to the hospital explaining why they should not be doing this?
If there are any proactive West Cornwall or Cornwall wide Mental Health advocacy services would be worth sounding them out about this practice! Or perhaps thinking wider afield e.g. National orgs like MIND and Rethink.
It’s awful on so many levels!
This is shocking!
May be worth pointing out to the hospital that, as appointees, they are responsible for the repayment of all overpayments.
Hi
I’ve just had a case referred to me. The claimant has serious mental health problems and his mother is his appointee. He was getting HB, ESA and PIP. He was sectioned in July 2019. Unbeknownst to his mother, the hospital also applied for appointeeship in October 2019 and then applied for Universal Credit on his behalf. Although he has an ongoing tenancy, they did not put down any housing costs on his UC claim. Housing Benefit continued in payment until the beginning of June 2020.
So there will be an HB overpayment from Oct 2019 - June 2020. And even if they manage to get backdated housing costs onto his UC he will only get them from July - January. And when he is discharged from hospital he will be worse off, because he was getting the sdp with his ESA.
Is there anyway to get the UC claim ‘retracted’? I’m very confused about there being two appointeeships granted, and also about the hospital making decisions which were not in his interest.
Thanks
It’s also worth noting that HB pay housing costs up to a year for someone in hospital as an inpatient but UC only pay housing costs up to 6 months.