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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Loss of mobiity component, when a client is jointly funded by NHS and LA on a section 117

Georgina G
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Oldham Welfare Rights Service

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Total Posts: 4

Joined: 22 January 2019

Hi, first time posting on Rightsnet, so I’m hopeful you people with overwhelm me with your knowledge.
I might be asking a daft question but I can’t find the answer to my question anywhere.
Can the Mobility Component continued to be paid if a client is jointly funded (50/50) by NHS and LA

Elliot Kent
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Shelter

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Total Posts: 3128

Joined: 14 July 2014

Your client’s position is going to depend on the nature of the placement and whether it is considered a hospital or similar institution, a publicly funded care home or neither.

As your enquiry is asking about the mobility component, I am assuming that you are mostly interested in differentiating between a hospital and a care home (as the daily living component won’t be payable in either, but mobility can still be paid in a care home).

The starting point is more the nature of the placement than how it is funded. In particular, a placement is likely to be considered a hospital or similar institution if the institution employs health professionals and the claimant under direct supervision of a doctor (see ADM P3062 - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810649/admp3.pdf)

If it is a hospital placement then provided any of the costs are met through the NHS, that will be sufficient for the disqualification to apply (see s.82(2) WRA 2012 and reg 29(2) PIP Regs).

This thread - https://www.rightsnet.org.uk/forums/viewthread/15533/ - may also be of interest.