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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Hospital and PIP

Barbara Knight
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Leorn Welfare Rights Training Services, Derby

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Joined: 8 April 2011

If I understand the Act correctly there will be no equivalent to the DLA 28 days in hospital, before people will lose payment of PIP, it will be immediate from date of admittance. If I’m right has anyone explained to those writing the regulations this is going to cause them hassle as well as be a real problem for claimants?

Jon Shaw
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Welfare Rights Service, CPAG

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Joined: 25 June 2010

Hi Barbara,

I think that it is planned that there will be a similar rule to DLA introduced in regulations. s86 WRA 2012 simply says that ‘regulations may provide’ for no entitlement to PIP whilst in hospital, and the DLA 28 day waiting period is set out in secondary legislation (Reg 10, DLA Regs 1992).

The explanatory notes produced when the Bill first went to the Lords in June 2011 said this:

381. It is intended that the regulations will provide that generally for the first 28 days after
a claimant becomes an in-patient of a hospital or similar institution, or resident in a care
home, they will continue to receive the existing benefit to cover continuing costs. This
approach also avoids interference with a claimant’s award during short periods of
hospitalisation or respite care in a care home.

I haven’t seen anything more recent that contradicts this. However, it is far from a cast iron guarantee…

Jon

keith
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Principal WRO - Northumberland County Council

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I’d like to think that the Government might realise the administrative costs of adjusting benefit for short stays in hospital is likely to outweigh any savings that they’ll make from clawing back a few days worth of DLA!

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Aye Keith but that assumes the government has a modicum of common sense!