I'm having a moment of doubt and I cannot find anything in writing to clearly tell me one way or the other - just a series of not nots. So - if you receive NHS continuing care funding for care at your own home - can you still get AA or DLA after the 28 days?

I'm sure you can still get it after 28 days if you're at home. I think it applies to people discharged to a care home to continue their NHS funded care. That's how I read the regs anyway!

You are still entitled if you live at home but are funded under Continuing Care. The reason being is that you are not living in 'a hospital or similar institution'. If you live in a Nusing Home and are funded under Continuing Care your DLA/AA is suspended because you are living in a 'similar institution', subject to the exeptions that apply to mobility component.

Thu 21-Jun-07 10:59 AM by ASH

Thank you both - my moment of doubt was whether the definition of being in hospital somehow depended on the funding but it seems to be clear that you have to have the accommodation aspect as well.

Anybody got any thoughts on how Clause 60 (formerly Clause 57) of the new Welfare Reform Act might affect this same scenario?

It could be said that restrictions apply because the continuing care would count as a qualifying service provided under relevant legislation for the purposes of the Act.

The status of the accommodation and whether or not there is provision of board (which make up the other two limbs of the act's definition of a 'care home') seems to be of lesser importance than a person being in receipt of one (or more) of those qualifying services, borne from public funds.

Where the services are discharged seems to be of little importance, expanding the definition of a care home or 'certain accommodation'.

Another loophole closed, or am I too pessimistic?