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PIP mobility when funded by NHS continuing care
I have a client (aged 60) who has a terminal diagnosis and has been placed in a nursing home, whilst being funded by NHS continuing care. He was in receipt of PIP ER care and mobility and due to the funding he receives these have both been withdrawn as classed as in “hospital” or “similar” establishment.
He relies on his motability car to get outdoors for short periods of time and this greatly enhances what time he has left.
Has anyone managed to persuade DWP to continue with the mobility payments using any discretion? He’ll never claim his SRP and allowing mobility payments in the situation would not cost very much in comparison.
since when did NHS continuing care cover people’s mobility needs? its not what the NHS does…..
There may be scope for arguing that he is in a “hospice” rather than a “hospital” and that benefit is still payable - are the DWP aware of the terminal diagnosis?
Otherwise, I think that you would need to be asking the Motability charity itself to delay recovering the car. Whilst the DWP has no discretion about ending the award, Motability does have a discretion about when to physically come and take the car away. Given the exceptional circumstances, they might be prepared to hang fire for a few months.
If it’s a car on The Motability scheme wouldn’t that agreement continue as it would if he were in hospital?
If it’s a car on The Motability scheme wouldn’t that agreement continue as it would if he were in hospital?
Sorry but those rules were changed unfortunately : http://www.motability.co.uk/contact-and-support/faqs/what-happens-to-my-lease-if-im-in-hospital-for-more-than-28-days
which would make sense if he was in hospital and if the NHS were paying for his being able to get out and about when he wants to…....
this is about making assumptions about the abilities or otherwise of people in nursing homes which are not in fact warranted in many cases ......
If it’s a car on The Motability scheme wouldn’t that agreement continue as it would if he were in hospital?
Sorry but those rules were changed unfortunately : http://www.motability.co.uk/contact-and-support/faqs/what-happens-to-my-lease-if-im-in-hospital-for-more-than-28-days
Thanks, Elliot. I work within mental health and don’t often come across clients on The Motability Scheme, so for some reason I still thought it was ok. Do people still pay for cars on Motability or are we down to skateboards yet?
[ Edited: 22 Aug 2016 at 02:49 pm by Sharon M ]which would make sense if he was in hospital and if the NHS were paying for his being able to get out and about when he wants to…....
this is about making assumptions about the abilities or otherwise of people in nursing homes which are not in fact warranted in many cases ......
CPAG page 902 states that if the NHS is wholly funding the care, the institution counts as a ‘similar institution’ to a hospital. However, I have not been able to find any case law or legislation to define what counts as a ‘similar institution’ to a hospital.
Quick update…
DWP conceded that even with full NHS continuing care being paid to “similar institution to a hospital”, that as he was not receiving actual care as he was able to deal with own breathing equipment, then claimant was still entitled to the mobility component - so client managed to keep his car!!!
Quick update…
DWP conceded that even with full NHS continuing care being paid to “similar institution to a hospital”, that as he was not receiving actual care as he was able to deal with own breathing equipment, then claimant was still entitled to the mobility component - so client managed to keep his car!!!
nice one. glad to see DWP recognizing reality for a change…..
Nice one Helen, thanks for letting us know.
I caught this a bit late by the look of it, but last time I argued this point successfully I referenced
SoS v Slavin [2011] EWHC 1515
Thanks Brian - I’ll print that off - DWP could not direct me to the legislation!!
Here’s the link to Slavin if helpful:
Shawn - thanks for the link. I had a quick look earlier and decided I needed more time to locate…what a time saver you are!