DLA being reclaimed

JustKeepSmiling_2

Hi,

I'm a new user here and have only received DLA payments for about 6 months. Because of my illnesses and waiting times for consultants I'm regularly going to a and e and being admitted to my local hospital for short stays.

DWP have now said I've had too many admissions close together and that these will be rolled together, creating a large admission triggering overpayment. Does anyone know how this overpayment is collected, they were suitably vague on the phone?

Many thanks in advance

JKS x

Richie-from-the-Boro

JustKeepSmiling wrote: »

Hi,

I'm a new user here and have only received DLA payments for about 6 months. Because of my illnesses and waiting times for consultants I'm regularly going to a and e and being admitted to my local hospital for short stays. stays in hospital separated by less than 28 days out of hospital are added together.

DWP have now said I've had too many admissions close together and that these will be rolled together, creating a large admission triggering overpayment. Does anyone know how this overpayment is collected, they were suitably vague on the phone?

Many thanks in advance

JKS x

For DLA & AA the day you are admitted and the day you are discharged count as days out of hospital. I assume you / they have classed your total as more than 29 consecutive days because :

- hospital inpatients are classed as free treatment and maintenance
- you did not have 28 or more days out of hospital
- between the days you did spend in hospital

For all other benefits the day you are admitted is treated as a day out of hospital and the day you are discharged is treated as a day in hospital.

How they get it back ? - by any means possible I imagine. Everything from instant full payment - to a reduction in DLA payments - to private recovery / collection agencies such as CCS Collect.

Anubis_2

I am in a similar situation having been in and out of hospital the last few months. If anyone is receiving carers for you this will also be affected as will some other benefits. It might be an idea to read through the ones that apply to you here:

http://www.direct.gov.uk/en/DisabledPeople/HealthAndSupport/Hospitals/DG_4000474

rogerblack

JustKeepSmiling wrote: »

Hi,

I'm a new user here and have only received DLA payments for about 6 months. Because of my illnesses and waiting times for consultants I'm regularly going to a and e and being admitted to my local hospital for short stays.

Short stays?
http://www.dwp.gov.uk/docs/dmgch18.pdf

'18034 "In-patient" is not defined and should be given its ordinary meaning of a patient who occupies a bed in a hospital or similar institution rather than an out-patient who attends hospital daily or from time to time for treatment or to be attended to'

I would ask for a written statement of reasons for the decision - you can do this on the phone.
You then have 6 weeks to appeal it.

I'm unsure of the exact caselaw involved, as I haven't looked into it much.

Were you out of hospital more than you were in?
Was there ever an expectation at the hospital you would turn up for regular treatment?

If you were in hospital for example for 8 weeks in 3 months, only spending a few days out, for example, it might be not unreasonable to view you as an inpatient through that period.

Anubis_2

rogerblack wrote: »

Short stays?
http://www.dwp.gov.uk/docs/dmgch18.pdf

'18034 "In-patient" is not defined and should be given its ordinary meaning of a patient who occupies a bed in a hospital or similar institution rather than an out-patient who attends hospital daily or from time to time for treatment or to be attended to'

I would ask for a written statement of reasons for the decision - you can do this on the phone.
You then have 6 weeks to appeal it.

I'm unsure of the exact caselaw involved, as I haven't looked into it much.

Were you out of hospital more than you were in?
Was there ever an expectation at the hospital you would turn up for regular treatment?

If you were in hospital for example for 8 weeks in 3 months, only spending a few days out, for example, it might be not unreasonable to view you as an inpatient through that period.

What does this imply specifically?

[Deleted User]

think of it as "linking" they will link one stay in hosp to another if its within the same 28(?)day period

JustKeepSmiling_2

Thanks for all you help with this guys and gals.

I've been an inpatient for 5-10 days, then home anywhere from 1-3 weeks for a few months These are not admissions I have elected or can help and will continue until I get the proper consultant(s) reviews to assess how to help me. It's frustrating and upsetting for my family. So to have someone say because you are so disabled by your illness and we havent got you the help you need, and we can't treat you at home, we will penalise you feels a bit of a kick in the teeth to be honest!

Sorry for the rant - I'm back in hospital again.....


JKS x

JustKeepSmiling_2

Thanks for all you help with this guys and gals.

I've been an inpatient for 5-10 days, then home anywhere from 1-3 weeks for a few months These are not admissions I have elected or can help and will continue until I get the proper consultant(s) reviews to assess how to help me. It's frustrating and upsetting for my family. So to have someone say because you are so disabled by your illness and we havent got you the help you need, and we can't treat you at home, we will penalise you feels a bit of a kick in the teeth to be honest!

Sorry for the rant - I'm back in hospital again.....


JKS x

JustKeepSmiling_2

Thanks for all you help with this guys and gals.

I've been an inpatient for 5-10 days, then home anywhere from 1-3 weeks for a few months These are not admissions I have elected or can help and will continue until I get the proper consultant(s) reviews to assess how to help me. It's frustrating and upsetting for my family. So to have someone say because you are so disabled by your illness and we havent got you the help you need, and we can't treat you at home, we will penalise you feels a bit of a kick in the teeth to be honest!

Sorry for the rant - I'm back in hospital again.....


JKS x

JustKeepSmiling_2

Hi guys and gals

Thanks for all your advice.

I have been in and out of hospital for stays of 5-10 days with 1-3 week breaks in between for a few months. These are not elective admissions or ones I can prevent and will continue until I can see consultant(s) who can assess how best to help me long term.

This is frustrating for me and worrying for my family. I guess being told that because you are ill as a direct result of your disability and we haven't given you the assessments/treatments you need, and we can't treat you at home, we're going to have to penalise you. Just feels like a kick in the teeth I don't need to be honest!

Ps. I'm back n hospital at the moment....

JKS x

JustKeepSmiling_2

Hi guys and gals

Thanks for all your advice.

I have been in and out of hospital for stays of 5-10 days with 1-3 week breaks in between for a few months. These are not elective admissions or ones I can prevent and will continue until I can see consultant(s) who can assess how best to help me long term.

This is frustrating for me and worrying for my family. I guess being told that because you are ill as a direct result of your disability and we haven't given you the assessments/treatments you need, and we can't treat you at home, we're going to have to penalise you. Just feels like a kick in the teeth I don't need to be honest!

Ps. I'm back n hospital at the moment....

JKS x