I have a client who has been self-funding in a nursing home for 12 months and quite properly receiving Attendance Allowance all the while.

The client has recently won an appeal about free NHS continuing care funding and the health authority have now agreed to cover the full cost of the home from the date she went in.

Can anyone tell me when payment of AA will stop and whether there is any chance of the client having to repay 11 months of it?

I have seen some old DoH guidance from September 2004 - Gateway ref 3923 which says that "the DWP will not seek to recover any benefit payments made to a care home resident that relate to periods when he originally paid care home charges but subsequently had those charges refunded because of a decision to award NHS continuing care retrospectively". I can't find anything more recent - does anyone else know of anything?

Many thanks

they may try to recover but wouldn't get far under s71...no misrep no failure to disclose...the material fact of NHS CC provision was NOT apparent at the time of the claim so any payment made was lawfully due..

the material fact of nhs cc funding has only been applied retrospectively so no recovery can be made lawfully under s71...beware they try though...you will need to appeal.

The effect of NHScc (as is now applied) is likened to stays in hospital or similar institution so the effect on AA is parallel.