My client is a man (aged 65), who was admitted to residential rehab on 19/1/04, a care home specialising in recovery from alcohol/drug misuse. His wife (under 60 years old) and 3 children under 14, are at home.

The couple are in receipt of (Guarantee) Pension Credit to top up SRP and CHB, and are entitled to full HB and CTB. My client's wife is also in reciept of middle rate DLA for care.

Social Services department are stating that there will be a charge of £84.60pw to cover the cost of the stay. This charge has been assessed by the Finance Dept. The charge seems to be based on £102.10 (PC for single person) minus £17.50 hospital pocket rate. In fact the Finance dept have advised my client to fill out a form MIG(1R) to apply for PC! They don't seem interested that he has a family. I suspect that form MIG(1R) no longer exists, and that my client doesn't need to claim extra PC as he's getting all his entitlement. But I can't find anything to support my view/opinion and so getting nowhere with LA Finance dept.

I've determined that the couple's current benefits should remain unchanged as my client does not receive DLA/AA/CA and downrating won't come into play until 52 weeks (he's unlikely to be there more than 3-4 months). Have I got this bit right? Should I be treating him as a hospital in-patient?

Any advice, guidance would be grately appreciated.
Thanks
... Andi
020 7089 1080