A service user will be placed in a supported tenancy on his discharge from hospital. The cost of his care package will be shared equally (50:50) between the local NHS trust (continuing health care funding) & the local authority (social services).

Is the SU entitled to receive DLA or will he still be treated as a hospital inpatient - even though the care package is only 50% CHC funded?

I would be grateful for any answers on this. Many thanks in advance

Matthew

See CDLA 7980/1995 on the OSSCSC site. This makes it quite clear that this type of arrangement is not being 'maintanied free of charge in a hospital or similar institution' so full DLA is payable. It would be trickier if this were a registered care home.

Of course social services can charge against the DLA care component unless this is a S.117 case.

Richard Atkinson

Hi Matthew

My approach to understanding this kind of scenario is to look at the accommodation - and as you described a tenancy it seemed clear to me that DLA is not affected.

I understand the potential confusion when health or social services are making a financial contribution, but in your scenario it is the care package you mention - not the accommodation charge, so forgive me if I've misunderstood.

It is possible for health to provide the full cost of a care package under continuing care - but as long as the care is provided in client's own home then DLA payability should not be affected.

Hope this is helpful

Very clear & helpful - thank you both - Matthew