Hosptal and new claims for DLA

I have a DS1500 case who has been awarded HR Care and High rate Mobility.  She was awarded this whilst in hospital and is still there.  DLA awarded from 23/1/13 her four weeks in hospital not up to 4/2/13.  DLA have told me under Regulation 8(1(a) and 12(a)(1)(a) they cannot pay DLA until she is discharged but surely they have to pay her from date of award until 28 th day.  Can anyone help?

Anne

I think that they are correct - regulation 10 para (3) I think applies in this case as the award of DLA commenced when your client was a hospital in-patient then paragraph (1) of reg 10 (payment for the first 28 days) does not apply.

Shabir

thanks yes I have just confirmed that.  It seems a shame as the person will not come out of hospital