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Claiming benefits when admitted to hospital
My client has been admitted to hospital and has contacted me to say his benefits have stopped. He doesn’t know when he will be leaving hospital at present. He was on ESA. He has just reached 65 on 28th August so it looks like now he should be claiming state pension and pension credit.
My question is he able to put in a claim for these benefits whilst he is in hospital? Also as the client is in hospital out of the district if he can put in the claims what would be the most practical way to do this?
Hi
State Pension is not affected by hospital stays. Neither is Pension Credit for the first 52 weeks although additions can be (see below). http://www.gov.uk/pension-credit/how-to-claim explains how to claim PC, I can’t see how it would matter if he is out of area when claiming as long as he has access to his post and/or someone to help him make the claims. If no family member, etc., maybe a Hospital Social Worker or Age UK rep. can help? http://www.gov.uk/state-pension/how-to-claim for different ways to claim SRP. Client will probably need to contact LA re CTR change of circs and DLA/PIP if applicable.
From Disability Rights Factsheet 7, Benefits in Hospital.
pension credit
This is paid for an indefinite period as long as the other conditions of entitlement are met. Certain premiums and costs are affected:
•Your severe disability addition will stop after four weeks if you are in hospital and you lose your attendance allowance, DLA care component or PIP daily living component. If you have a partner who is not in hospital and who also qualifies for the severe disability addition, he or she will continue to receive it.
•Your carer addition will stop 8 weeks after your carer’s allowance stops.
•Once you have been in hospital for a continuous period of 52 weeks, if you have no dependants living in your home, you can no longer receive pension credit housing costs. If you have dependants or other people living in your home, their right to benefit depends on their own circumstances. If you are one of a couple and have been in hospital for 52 weeks, you and your partner are treated as separate claimants.
Shouldn’t he have been claiming Pension Credit for the last three years?
many thanks for the responses, this is really helpful. Gareth, just to let you know, I’ve only just had this case referred to me so wasn’t aware he hadn’t been claiming Pension Credit instead of ESA.
Shouldn’t he have been claiming Pension Credit for the last three years?
Up until retirement age there is no obligation to claim IB ESA over GPC.
In fact I am aware of quite a few cases where Contribution based ESA is being claimed along with a GPC ‘top up’. However in these cases most if not all are ‘clerically controlled’ with the GPC payments being recorded as being paid via IS.
Maintaining a CB ESA claim up until the date the SRP becomes due, in the main, makes good sense.