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S.117 and DLA

 

judithd
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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 ]
Mick Quinn
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Welfare Rights Officer,Northumbria Healthcare NHS Foundation

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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

     
judithd
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That’s brilliant, thanks very much