Benefits entitlements? - change in circumstances

greystones

OK, it's kinda complicated but then I guess it often is...and I'm doing this via 3 party (brother) who has internet phobia and doesn't know a click from a mouse. I'm told this is a good place for benefits advice, so currently:




Dad gets:

1. State pension
2. DLA (high rate)
3. Care Component (middle rate)
4. Pension Credit

Mum gets:

1. Pension benefit - not sure what it’s called but tops up pension (1 above) to minimum for a couple. I think this will revert to SSP without pension credit. Something to do with NI contributions – think Mum has 10-15 years NI contributions
2. DLA (high rate)

They live in same house as my brother which is in our names (3 brothers) and rented with peppercorn rent.

Dad has diabetes + dementure, mum has serious mobility problems - 2 knees and 1 hip. 1 brother works, 1 on JSA (redundant 18 months ago).

Change in circumstances - mum had an op very recently do or die really because if the knee wasn’t fixed she would have been totally immobile within 3 months and suffer further ongoing associated problems as a result. Just out of hospital and long term recovery needed to gain minimum mobility. While she was in hospital, dad went into care home and has got much worse as a result, no longer recognising people etc. So this means its looking likely that he will have to stay in the home which means (brother thinks) his state pension, DLA and care allowance will go to pay for the home and entitlement to pension credit goes too (apparantly this iskey as it affects other entitlements).

So brother wants to apply for care component of DLA for mum (which also gives automatic pension credit?), which is important because this entitles council tax credit which would otherwise be lost. Brother is worried about claiming too much and this is why he has never claimed DLA for mum previously. He also does all the carers things for her like help with meals, wash, dress, moving, doctors visits etc. Also, can he get carers allowance which he has also never claimed. He works all hours nightly and looks after mum too.

I've been to direct.gov and printed loads off re the above but in the meantime wondered if anyone can advise on any of the above which might help in between reading 40 page forms and many referred links!

Whiteknight

greystones wrote: »

OK, it's kinda complicated but then I guess it often is...and I'm doing this via 3 party (brother) who has internet phobia and doesn't know a click from a mouse. I'm told this is a good place for benefits advice, so currently:

Dad gets:

1. State pension
2. DLA (high rate)
3. Care Component (middle rate)
4. Pension Credit

Mum gets:

1. Pension benefit - not sure what it’s called but tops up pension (1 above) to minimum for a couple. I think this will revert to SSP without pension credit. Something to do with NI contributions – think Mum has 10-15 years NI contributions
2. DLA (high rate)

They live in same house as my brother which is in our names (3 brothers) and rented with peppercorn rent.

Dad has diabetes + dementure, mum has serious mobility problems - 2 knees and 1 hip. 1 brother works, 1 on JSA (redundant 18 months ago).

Change in circumstances - mum had an op very recently do or die really because if the knee wasn’t fixed she would have been totally immobile within 3 months and suffer further ongoing associated problems as a result. Just out of hospital and long term recovery needed to gain minimum mobility. While she was in hospital, dad went into care home and has got much worse as a result, no longer recognising people etc. So this means its looking likely that he will have to stay in the home which means (brother thinks) his state pension, DLA and care allowance will go to pay for the home and entitlement to pension credit goes too (apparantly this iskey as it affects other entitlements).

So brother wants to apply for care component of DLA for mum (which also gives automatic pension credit?), which is important because this entitles council tax credit which would otherwise be lost. Brother is worried about claiming too much and this is why he has never claimed DLA for mum previously. He also does all the carers things for her like help with meals, wash, dress, moving, doctors visits etc. Also, can he get carers allowance which he has also never claimed. He works all hours nightly and looks after mum too.

I've been to direct.gov and printed loads off re the above but in the meantime wondered if anyone can advise on any of the above which might help in between reading 40 page forms and many referred links!

Firstly has anyone informed the DWP that your dad has gone into a care home?
How old is your mother if she is over 60 she should be claiming a State Pension in her own name - you give the impression that your dad is claiming an extra amount on his pension for her?

While she was in hospital, dad went into care home and has got much worse as a result, no longer recognising people etc. So this means its looking likely that he will have to stay in the home which means (brother thinks) his state pension, DLA and care allowance will go to pay for the home and entitlement to pension credit goes too (apparantly this iskey as it affects other entitlements).

If your father is not likely to leave the care home he may still be able to claim Pension Credit as a single person - his benefits (Pension Credit) may alter depending on how he is planning on funding his stay in the care home if he is going to self fund his stay then he could still be entitled to get the DLA payments and could qualify for the Severe Disability Premium. If he is being funded by the local authority then the DLA payments would normally stop (at least the care component).

So brother wants to apply for care component of DLA for mum (which also gives automatic pension credit?), which is important because this entitles council tax credit which would otherwise be lost. Brother is worried about claiming too much and this is why he has never claimed DLA for mum previously. He also does all the carers things for her like help with meals, wash, dress, moving, doctors visits etc. Also, can he get carers allowance which he has also never claimed. He works all hours nightly and looks after mum too.

Your mother can put in a claim for the care component of DLA if she gets the middle or higher rate then and was entitled to claim Pension Credit - getting the care component does not automatically give you Pension Credit she maybe able to get the Severe Disability Premium (the conditions to qualify for this payment are a little more complex than just what benefits she gets). Someone could claim also Carers Allowance for looking after her if she was getting the middle or higher rate of care.

As for help with Council Tax I always thought they looked at all the people living the the household and more importantly the income of those people when working out the Council Tax bill.

Did you notify DLA that your mother was in hospital?

DX2

Whiteknight wrote: »

Your mother can put in a claim for the care component of DLA if she gets the middle or higher rate then and was entitled to claim Pension Credit - getting the care component does not automatically give you Pension Credit she maybe able to get the Severe Disability Premium (the conditions to qualify for this payment are a little more complex than just what benefits she gets). Someone could claim also Carers Allowance for looking after her if she was getting the middle or higher rate of care.

I'm sniping as I'm going lol as there is a lot of info required, I think we need to establish a couple of things with the OP.

If the mother is over 65 she will not be eligible for DLA it will have to be AA (attendance allowance)

DX2

greystones wrote: »

Dad gets:

1. State pension
2. DLA (high rate)
3. Care Component (middle rate)
4. Pension Credit

Mum gets:

1. Pension benefit - not sure what it’s called but tops up pension (1 above) to minimum for a couple. I think this will revert to SSP without pension credit. Something to do with NI contributions – think Mum has 10-15 years NI contributions
2. DLA (high rate)

I'm thinking it's pension credit with Guarantee credit.

Guarantee Credit

The Guarantee Credit element provides a guarantee of a minimum level of weekly income for single people (£130.00) and couples (£198.45). It is payable from age 60 and has essentially replaced the Minimum Income Guarantee (MIG). The individual applying must be at least 60, although their spouse can be younger.

greystones

Whiteknight wrote: »

Firstly has anyone informed the DWP that your dad has gone into a care home?
How old is your mother if she is over 60 she should be claiming a State Pension in her own name - you give the impression that your dad is claiming an extra amount on his pension for her?

If your father is not likely to leave the care home he may still be able to claim Pension Credit as a single person - his benefits (Pension Credit) may alter depending on how he is planning on funding his stay in the care home if he is going to self fund his stay then he could still be entitled to get the DLA payments and could qualify for the Severe Disability Premium. If he is being funded by the local authority then the DLA payments would normally stop (at least the care component).

Your mother can put in a claim for the care component of DLA if she gets the middle or higher rate then and was entitled to claim Pension Credit - getting the care component does not automatically give you Pension Credit she maybe able to get the Severe Disability Premium (the conditions to qualify for this payment are a little more complex than just what benefits she gets). Someone could claim also Carers Allowance for looking after her if she was getting the middle or higher rate of care.

As for help with Council Tax I always thought they looked at all the people living the the household and more importantly the income of those people when working out the Council Tax bill.

Did you notify DLA that your mother was in hospital?

I don't think DWP have been notified of care home situation because the plan was for it to be short term respite to allow mum to recover from operation.
Mum is 76 and I think she actually gets SSP - she has to get a sick note as though she were at work which obviously she isn't. This is something to do with insufficient NI contributions I think. If dad stays in home mum will not get pension (or a drastically reduced one based on NI contributions), therefore pension credit would make this to the minimum for a single person??

Dad will still be able to claim DLA and pension credit (I think) but all of this and DLA and care component are paid to the home for his care so net result at home is all this gone and mum not able to get minimum single pension.
Council tax credit is currently paid based on their circumstances so would expect this to still be the case if finances decrease but again understanding is this is linked to pension credit in some way? Brothers understanding is that this is key to the circumstances.

The plan is/was to apply for care component of DLA for mum - she already has higher mobility element. Thanks, I'll look at Severe Disability Premium - does this replace something else or is it in addition?

Not sure re DLA notification when mum went in hospital - should it have been stopped for that period? I'll ask when I see bro.

Thanks

greystones

DX2 wrote: »

I'm sniping as I'm going lol as there is a lot of info required, I think we need to establish a couple of things with the OP.

If the mother is over 65 she will not be eligible for DLA it will have to be AA (attendance allowance)

She is 76. DLA used to be called somthing else and think she has just inhertited DLA from whatever it was called before. I'll check exactly what she is in recepit of.

greystones

DX2 wrote: »

[/LIST]I'm thinking it's pension credit with Guarantee credit.

Guarantee Credit

The Guarantee Credit element provides a guarantee of a minimum level of weekly income for single people (£130.00) and couples (£198.45). It is payable from age 60 and has essentially replaced the Minimum Income Guarantee (MIG). The individual applying must be at least 60, although their spouse can be younger.

This is what I have understood from direct.gov but only if mum has pension credits will she get the £130?

DX2

greystones wrote: »

She is 76. DLA used to be called somthing else and think she has just inhertited DLA from whatever it was called before. I'll check exactly what she is in recepit of.

Thank you that will be a great help!

DX2

I don't want to confuse things further have you looked at this direct.gov page?
there are a few example here.
http://www.direct.gov.uk/en/Pensionsandretirementplanning/PensionCredit/DG_180159

Whiteknight

Your mother will have to claim Attendance Allowance given her age. She should be able to get the married woman rate of State Pension and would be able to claim Pension Credit as a single person if your dad is not coming out of the care home.

I am not sure exactly what benefit your mother is getting that is making her supply a sick note. The Severe Disability Premium is not a benefit but is an extra amount that can be paid to people getting certain income based benefits such as Pension Credit.

Your mothers DLA may not have stopped while she was in hospital it would depend on how long she was in hospital for.

healy

Whiteknight wrote: »

Firstly has anyone informed the DWP that your dad has gone into a care home?
How old is your mother if she is over 60 she should be claiming a State Pension in her own name - you give the impression that your dad is claiming an extra amount on his pension for her?

If your father is not likely to leave the care home he may still be able to claim Pension Credit as a single person - his benefits (Pension Credit) may alter depending on how he is planning on funding his stay in the care home if he is going to self fund his stay then he could still be entitled to get the DLA payments and could qualify for the Severe Disability Premium. If he is being funded by the local authority then the DLA payments would normally stop (at least the care component).

Your mother can put in a claim for the care component of DLA if she gets the middle or higher rate then and was entitled to claim Pension Credit - getting the care component does not automatically give you Pension Credit she maybe able to get the Severe Disability Premium (the conditions to qualify for this payment are a little more complex than just what benefits she gets). Someone could claim also Carers Allowance for looking after her if she was getting the middle or higher rate of care.

As for help with Council Tax I always thought they looked at all the people living the the household and more importantly the income of those people when working out the Council Tax bill.

Did you notify DLA that your mother was in hospital?

You cannot receive both the SDP and Carers Allowance at the same time; it has to one or the other. In this case she could not receive the SDP as she does not live alone.