Care component and residential accomodation

I’ve posted about this previously:

http://www.rightsnet.org.uk/forums/viewthread/3941/

I’ve now had the appeal papers and they include the AO’s decision regarding not paying MRCC as client in residential care. They say the decision has been reviewed “because of a relevant change of circumstances has occured…This was that xxxx has moved into residential accommodation”.

They law used is SS Administration Act 1992 Sec 30.

I’m thinking this means that the argument discussed in previous posts (saying that if the issue is about payability the rules regarding having to report a change of circs within one month don’t apply) don’t apply?

The tenant moved out of residential care in 1993 into private accomodation and then in with his mother in 2000 but MRCC hasn’t started up again until late late last year when I picked up on it. I think DLA Unit should have written to him each time he reported a new address to enquire whether it was residential accomodation - particularly when he moved in with his mother (who is also his appointee). Does anyone know if they have any duty to do this?

Any help gratefully recieved!

Thanks

I had a similar case going back to 2001 where my client notified DWP of his change of address but the DWP didn’t enquire about whether he was still in residential care. I argued that the DWP’s failure to enquire about the status of his new address was an official error. This was eventually accepted on reconsideration and paid him more than 10 years’ backdated DLA care and SDP :-)

From the Decision Maker’s Guide para 61836:

“Whether the claimant is in a similar institution to a hospital or a care home

Establish where the claimant is living

61836 Where a claimant is in accommodation funded from public or local funds, the DM needs to establish if they are in a care home or in a similar institution to a hospital. The DM would need to consider any LA involvement and how the claimant’s stay in the home was funded. If it was determined that a claimant was in a care home then any DLA care component or AA would not be payable if the claimant was residing in that accommodation at the date of claim or following the first 28 days of their stay1 (see DMG 61851). 1 SS (AA) Regs, reg 8; SS (DLA) Regs, reg 10”

I was also told by a DM that their standard policy is to send out a form asking claimants to confirm the status of their address, though he couldn’t confirm how long that has been policy for.

See also the bottom bullet point on page 1130 of CPAG and CIS/34/2006.

Thanks Barbara, that’s really useful.