As a visiting officer dealing with assessments for Long term care, my colleagues and I are beginning to find odd decisions about rescinding SDP/AA when moving into a care home permanently. According to Reg 12c this should be a notifiable end to an AIP, but some responses come back insisting they will continue to pay both til end of AIP.

The question is should the client then relax and enjoy the extra income as long as they have the decision in writing, or could the PS decide to try to recover this, if they later change there minds.

Comments welcome.

Not sure about relaxing but if they did come back to try to recover I would argue official error as they knew about the change in circumstances but failed to apply Reg 12C and that as such any overpayment not recoverable.