S.117 and DLA
Hi all, does anyone have a view (shameless attempt to avoid wading through legislation)
“He lives in a residential care home in Toytown, as he is under a section 117 so has all his care home charges paid so is therefore allowed to keep all his benefits.”
I’ve received this from a Social Worker wanting a benefit check for her client/service user. He is in receipt of ESA, DLA both care and mobility.
I have never understood the effect of s.117 aftercare but is this right - can you be in residential care and receive the care component of DLA?
Thanks in advance[ Edited: 19 Jun 2017 at 05:23 pm by judithd ]
section 117 of the Mental Health Act 1983
R(DLA)6/04 (Formerly CDLA/870/2004) confirms that DLA care component is not payable to people in residential aftercare under section 117 of the Mental Health Act 1983.
Still applies I believe
That’s brilliant, thanks very much