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Top Incapacity related benefits topic #532

Subject: "Affect of Section 117 of Mental Health Act on benefits" First topic | Last topic
Simon
                              

Visiting Officer - Residential Care, Windsor and Maidenhead Social Services
Member since
07th Jun 2004

Affect of Section 117 of Mental Health Act on benefits
Tue 18-Jan-05 04:03 PM

We have a service user who has been in a Nursing Home since early 2000.

He is receiving £358.80 every 4 weeks (Incapacity benefit and income support), plus lower rate DLA mobility and has £18,500 in savings.

No letters seem to have been received from Jobcentreplus showing level of beenfits are asking about savings.

Should his benefits be reduced as he is under Section 117 of the Mental Health Act?

  

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shaun
                              

finance manager, welfare benefits group, social se, leeds city council
Member since
22nd Jan 2004

RE: Affect of Section 117 of Mental Health Act on benefits
Wed 19-Jan-05 07:59 AM

I assume the £89.70 is Incapacity Benefit as upper capital limit is £16000. If accommodation is provided as part of after care under section 117 then there are no charges for those services and there is no reduction in benefit. However, the normal rules for DLA care apply to admission to residential/nursing home care.

Many thanks

Shaun

  

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