Some months ago there were several postings about this but I cannot find them back.

The situation I have to deal with is not straight forward but is Section 117 related.

A young client who is still under Section 117 was placed in a care home and was charged for care from her benefits. The home was her appointee. Apparently the home is now planning to make a refund of the charge made which may amount to a sum of between £7,000 to £10,000. The client is moving to supported housing in the community
and obviously I want to make sure that she should remain entitled to benefit.

The social worker seems to think that the NHS had been funding the care and it was the home 's mistake that the charged the client but I have not had this confirmed

Therefore I would like to contact anybody who can give me more information how the repayments were treated for Income Support because I may be able to argue that this payment is 'analogous'

Thanks very much

couple of threads from the old forum may be what you'd remembered?

http://www.rightsnet.org.uk/forum/otherbenefits/499.html

http://www.rightsnet.org.uk/forum/otherbenefits/388.html

Thanks Shaun

I have an appeal hearing on Thursday (first one) for a client who has received S117 "refund". Have a number of arguments to use and will post decision and any interesting/relevant info that comes out.

Dealt with same type of case last year; this client received refund of some £25000; there was no benefits rule or Regulation I could find that treated this refund in any way other than under the usual capital and savings rules. As you probably know there is an easement when lump sums of benefits arrears are paid, but S117 refunds are not that and it would be hard I think to sustain a line that the s117 refunds were analgous to that. But if anyone has obtained s better result I would be pleased to know.