Attendance Allowance and nursing care

Forgive me if the answer to this is obvious - I hardly ever deal with older people…

I’ve had a query from a social worker who has a client about to move into self-funded nursing care. He has been in Local Authority funded residential care for the last two years and so hasn’t been receiving his AA. Now the LA are selling his house and are planning to recover two years worth of charges so effectively, he will have been self-funded for the whole time. He didn’t enter into a deferred payment arrangement or anything like that, and I’m usure of why this is happening now. The LA have taken over his affairs because he doesn’t have capacity. But my query is, is there any way of getting the AA back to cover the two years?

Thanks

I don’t fancy your chances.  It has always proved impossible when I have attempted to get AA backdated to before the date claimed or form requested, whatever the reason.  The Disability Benefits Centre will tell you that it’s not theire fault client would now have been entitled but didnt think so at the time.

One common problem I find is when it becomes evident that someone would have been entitled to AA/DLA under special rules from months earlier but wasnt aware at the time due to results not being known,etc. I have tried to get backpay but never succeeded.

It is possible depending on the facts of the particular case.  Have a look at CA/3800/2006 where the commissioner decided on the facts of that case that where the future was uncertain it was inappropriate to rush to supersede the AA award and should have suspended it instead until there was more certainty.  The remedy is to revise the superseding decision under 3(5)(a) of the D&A Regs on ground of official error and then to lift suspension under reg 20.  There has also been a later decision along the same lines but I don’t have the reference unfortunately, although I have read it.

see also CA/2364/2009 -

here’s briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/assessment-of-whether-claimant-in-residential-care-with-interest-in-propert/

thankyou very much, that’s great

If the LA have taken over his affairs, is there not a responsibility for them to have made the claim for AA on his behalf? It seems as if they are possibly negligent in their role as his guardian.
I think I would be asking them to offset unclaimed benefits against his debts, on the basis of their failure to act in his best interests.