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DLA & Respite Care

nedcab
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North East Derbyshire Citizens Advice Bureau

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Total Posts: 6

Joined: 9 July 2010

Wondered whether anyone has any knowledge on how respite stays for children affects DLA/CA under 28 day linking rule.
Wondered whether anyone has any knowledge on how respite stays for children affects DLA/CA under 28 day linking rule.
I have a client who has a child in receipt of high rate care. Client gets CA for him.
For about one year the child has been having a respite stay of one night per week. This has recently been increased to 3 nights per week. The care is provided by Local Authority.
Obviously on the other 4 nights, client satisfies rules for CA as he is providing at least 35 hours care, but I’m not sure whether the nights in respite can be linked.
The way I am reading it is this; the day admitted and the day discharged does not count. So in this case only one night per week does. Am I right in thinking that for this case after 28 weeks (counting only 1 night per week), he will then no longer qualify so to remain entitled he will need to have a full break of 28 days without any respite care before the 28 weeks?
Thank you in advance

bigbill
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Dumfries Welfare Rights

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Total Posts: 127

Joined: 24 June 2010

If the child is under 16 its 12 weeks in hospital not 4 before the DLA stops?

S.Murphy
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Area benefit officer - Kent County Council Social Services

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Total Posts: 38

Joined: 21 June 2010

Where is the respite provided? If in a LA funded care home / residential accomodation then I think it’s 28 days for children in common with adults (isn’t 84 days for hospital only?).

If it’s in a private dwelling with a respite foster carer or similar DLA should not be affected.

The three nights would be two days as posted above, so from the 15th week DLA care would fall to be suspended on 2 days from 7, but remain payable at daily rates for the remaining 5. As long as 35 hours of care is being provided over those 5 days CA should remain in payment as normal.

Whether the DLA office will accept that is planned respite and pay DLA on normal pay dates at the 5 from 7 daily rate or whether they will treat it as a Boarder case and ask for dates the child is at home every couple of months and pay benefit owed in arrears I’m not sure.

The Disabled Child premium in HB/CTB and some old IS claims should also be calculated on the basis of a part week. I don’t think the Enhanced DP will be affected or any Tax Credit elements.