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DLA mobility component in temporary care

Rachel T
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Age UK Darlington

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Total Posts: 4

Joined: 25 June 2010

Has anybody else come across suspension of both DLA care and mobility components while a client is in temporary care?  I have had a case this morning of a client who has been in temporary care since May (first 12 weeks were under Intermediate care straight after hospital then local authority means-test applied from mid August - client been mainly local authority funded since with his own small contribution).

Client has been declined NHS continuing healthcare twice since being in temporary care but he has a nurse going in daily to administer insulin and change dressings as the home he is in does not have nursing care provision. I assume from checking in Disability Rights Handbook that the care he receives is ‘entitlement to NHS funding for any care provided by a registered nurse’ (pg 170).

Client’s DLA was completely stopped a while ago and when we phoned this morning to ask why mobility component had stopped/could it be re-instated, the DWP adviser said that they had decided to stop the DLA payments completely until they heard from the relevant authorities (requests put in by DWP to health authority, local authority and care home) how his funding is made up.  She said any arrears of mobility component will be calculated accordingly once they receive this information.  I understand the stoppage of care component of course, but I cannot find anything that would give cause for mobility not being paid.  Could it be the NHS funding for the nurse?  Client has also been in hospital while in temporary care but not for 28 days or more.  I am perplexed! Can anyone clarify?

[ Edited: 17 Oct 2012 at 04:54 pm by Rachel T ]
soozy
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COVENTRY CITY COUNCIL FINANCIAL ASSESSMENTS TEAM

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I have come across this several times, when I queried it with DBU in Blackpool they confirmed what you have said about stopping the claim altogether while they invistigate. I cant understand why they need to do that.  Not much help I’m afraid

[ Edited: 23 Oct 2012 at 03:26 pm by soozy ]
nevip
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Welfare rights adviser - Sefton Council, Liverpool

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The test for the continued payment of mobility is that the person is not in a “hospital or similar institution” and in receipt of medical care within that institution.  Medical treatment which is merely marginal or ancillary will not catch the claimant.  For treatment which is more than this then a broad judgement falls to be made.  The DWP has legitimately suspended payment while seeking the answer to that question by exploring funding arrangements.

[ Edited: 23 Oct 2012 at 03:26 pm by nevip ]
Rachel T
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Age UK Darlington

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Joined: 25 June 2010

Many thanks - this clarifies the situation, hopefully the DLA will be re-instated sooner rather than later!