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Top Disability related benefits topic #4508

Subject: "DLA hospitalisation and implications" First topic | Last topic
EJ
                              

PsychoSocial work palliative care, Kings college hospital
Member since
02nd May 2007

DLA hospitalisation and implications
Wed 02-May-07 10:42 AM

I am working with a gentleman who is currently an inpt in Hospital and is likely to remain here for some weeks to come. I appreciate that applying for DLA will not be payable until he leaves Hospital. However, if he is technically granted this in Hospital would he and his wife receive the disbaiity premium on their income support claim anyway and could his wife claim carers allowance? ( I imagine while he is in Hospital she can't)

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: DLA hospitalisation and implications
Wed 02-May-07 12:17 PM

The CA issue is straightfoward - CA can only be paid to someone who is receiving (i.e. actually being paid) DLA so you're right, whilst the client is in hospital, she can't get CA. If a suspended DLA claim is awarded, then I don't know if a similar claim can be made for CA - I've never tried. I suspect not.

The DP is a bit more tricky. The law (schedule 2, para 12(1)(d) IS regs) says that DP is payable where the qualifying benefit was in payment but has been suspended to due to the claimant being in hosital. The reference to "was in payment" indicates that DP can't be included in the applicable amount on the basis of a suspended DLA new claim, since it never was "in payment".

Hope this helps.

  

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