Care Home Exclusion

My DLA client had his DLA care component stopped as he is resident in a care home and has qualifying services provided. The DWP say the services are provided under section 12 of the National Health Service Act 2006.

I can’t see this listed as a specified enactment in reg 9(2) of the DLA Regs, SI 1991 No 2890, and the 2006 Act does not seem to be “any other enactment relating to persons under disability or to young persons or to education or training”.

Any thoughts would be most welcome,

Mike Haran
Z2K

Couple of thoughts.

One, reading through case law in S&M volume 1, it’s fairly clear that in cases where someone is held to be liable to pay nursing or residential case home fees, whether now or in the future e.g. through a charge on their property, then DLA/AA should remain payable.

Conversely, in cases where someone isn’t making a financial contribution to such a stay, then generally DLA/AA stops to avoid the issue of double-funding.

On the point about the Act you refer to not being in the list in the regulation, I wonder whether the reference to Care Act 2014 might be how this came about perhaps? Various local authority functions can be delegated under the Actand I’m wondering if there’s some crossover with NHS Continuing Care perhaps? I’m still learning about the many complexities in this area, as you can probably tell.

Be interesting to know what DWP say to you - presumably, you’ve asked for decision in writing so you can properly understand basis for the decision?