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Motability and hospital stays
Sorry if this has been answered elsewhere (I have searched). The consultation paper on PIP “Completing the detailed design” confirms the intention to remove for PIP the “anomaly” that allows DLA claimants with a Motability agreement to keep their higher rate mobility component after 28 days in hospital up to the end of their current agreement.
The 2010 spending review announced the govt intended to amend DLA regs to the same effect. I think the consultation paper implies this won’t now happen and it will only affect PIP but it’s not especially clear. Anyone any definitive info about it?
All the draft PIP regs are now available on the DWP website including a sort of “pre draft” draft of amending regs for DLA, AA and CA.
Which confirm that the 28 day restriction will apply to claimants with a Motability agreement who go into hospital after 8 April 2013.
May change I suppose, but not hopeful
Looking at the ‘full’ (as opposed to draft) PIP regs- I can’t see anything that allows PIP claimants to keep mobility component of PIP after 28 days in hospital where they have a motability agreement.
I know this was the original plan but other people say that the DLA concession will continue for PIP.
If it doesn’t, it’s totally mad as people will have to return their vehicle, re-apply when they leave hospital, possibly go through the whole procedure again several times.
Anyone seen anything or any views?
Cheers
Hospital in-patients
29.—(1) Subject to regulation 30, no amount of personal independence payment which is attributable to either component is payable in respect of C for any period during which C meets the condition in section 86(2) of the Act (in-patient treatment: costs of treatment, accommodation and related services borne out of public funds).
(2) For the purposes of section 86(3) of the Act, the costs of treatment, accommodation or any related services are borne out of public funds if C is undergoing medical or other treatment as an in-patient in —
(a)a hospital or similar institution under –
(i)the National Health Service Act 2006(1);
(ii)the National Health Service (Wales) Act 2006(2); or
(iii)the National Health Service (Scotland) Act 1978(3); or
(b)a hospital or similar institution maintained or administered by the Defence Council.
Looking at the ‘full’ (as opposed to draft) PIP regs- I can’t see anything that allows PIP claimants to keep mobility component of PIP after 28 days in hospital where they have a motability agreement.
I know this was the original plan but other people say that the DLA concession will continue for PIP.If it doesn’t, it’s totally mad as people will have to return their vehicle, re-apply when they leave hospital, possibly go through the whole procedure again several times.
Anyone seen anything or any views?
Cheers
I was under the impression the DLA equivalent was also withdrawn in the most recent DLA, AA, CA amendment regs?
Yes a colleague kindly forwarded me the relevant regs. http://www.legislation.gov.uk/uksi/2013/389/pdfs/uksi_20130389_en.pdf
Which show this disappearing under DLA too, though with some continuing protection until their Motability contract expires, for people in hospital since before 7th April 2013.
Tough for people who have frequent stays.