AA in nursing home

Two questions
1. Client in nursing home self funding but NHS pay £ 106 - can she keep attendance allowance?

2. Clients with mental health problems in residential care on section 117 or section 28A - are they entitled to DLA -LRM?

1.  It depends if she is receiving medical or other treatment in a hospital or similar institution.  If so then AA/DLA care component is not paid.  A registered nursing home will usually be a “similar institution” to a hospital.  The treatment must be more than de minimis and be provided in the home by medical staff or other staff under medical supervision.  There are some remote exceptions where treatment is provided under various sections of the NHS Act 2006.

2.  S117 after care provided in a care home which does not provide medical or similar treatment on the premises will not usually prevent payment of the mobility component.  I can’t find a s28A of the MHA 1983.

The £106 is called Registered Nursing Care Contribution (RNCC).  Payment of RNCC by the NHS does not stop a self-funder being paid Attendance Allowance or Disability Living Allowance care component.

Yes, quite right.  I was assuming CHC and had overlooked the self funder bit.  I’ve been up to my eyes in Slavin lately and my head went straight there.