Attendance Allowance advice.

bigmondy

EDIT: Bumping this old thread to provide an update that may be helpful to others in similar circumstances. Orig post below:

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Retired couple in their 70's living in a council house on benefits and reasonably happy with their lot. They were left a 2 bedroom house in a state of serious disrepair 300 miles away in a Scottish Island.

They quite rightly declared this to their local council office and the old boy (a straight up ex-forces type) is quite accepting of the fact they have both lost all their benefits. But unfortunately he owes them around 8 months (it took them that long to process his case) and is struggling to make ends meet.

They are in their late 70's, been tax-payers all their lives and his wife is unable to get around (she is not allowed on Public Transport - not sure why but I know she has been seriously ill many times over the past few years - he mentioned she has lots of letters from the hospital consultant detailing her conditions) and he has a old beat up Rover that is their life-line. The old-man is diabetic and self injects.

The are scrounging around and relatives are trying to help do something with the house to get it habitable - but they dont want to sell it because they would only get buttons - I havent asked what their intentions are - maybe a holiday home. They dont want to move there - that is for sure as they need to be near hospitals and their GP.

Sorry for the long introduction - but the Old-Man is really the sole carer of his wife and has been for years. I have been telling them that they should claim Attendance Allowance for a while - but they were too proud. Now that they have lost all their benefits and have no income whatsoever - no pension credits or private pensions - should they not qualify for AA?

If they did - how do they calcualte between the upper and lower limit and what is the timescale for applying? One last question - should they both be entitled to AA as they effectively look after each other?

All advice appreciated folks.

Many thanks.

nannytone_2

attendance allowance has no connection at all to other benefits, it isnt means tested and is abailable because of care needs,

the fact that they have a beat up old var, and the lady cant use public transport is irrelevant !!! there is no mobility componant to AA.

can she cook for/feed herself? can she wash/fress herself?

the fact that they dont WANT to sell the scottish property is neither here nor there .... if they are struggling to live day to day, what is the point of a holday home?

Dunroamin

Even an unmodernised cottage is going to be able to be sold for far more than "buttons", it will give them money to live on at first and then leave them money in the bank when they can start claiming benefits again.

nannytone_2

what have they done with the 20k they were left along with the cottage?

Torry_Quine

If either or both of them have care needs which have lasted for three months and expected to last for at least six then they will be entitled to AA which isn't means tested. You say they are too proud but that they have lost all their benefits which means they must have applied for something in the past.

allen35

They must be getting their State pensions.

I don't understand why you say they have no income at all.

They have become owners of a property they don't live in, therefore it is probably classed as capital and will take them out of Pension Credit.

In certain circumstances if they were going to sell this can be disregarded for up to 12 months for HB.

Arrange an appointment with a benefits specialist to check they are getting their full entitlement and whether either meet the criteria for AA.

margaretclare

This is something about which there is an awful lot of misunderstanding and misinformation.

Attendance Allowance is not means-tested and it is non-taxable. It's meant to pay for things you can't do for yourself and, once granted, no one questions what these things might be. If transport is important to you then use it for car costs.

Given your description of the lady it sounds probable that she, at least, may be entitled to this. There are 2 levels, whether you need help and care by night as well as day, or only in the daytime. It is possible that the gentleman's insulin-dependent diabetes may mean that he needs someone there at night to ensure that he doesn't go 'hypo'. Although this particular benefit has no mobility component it is of course possible to use it to help to keep the car running.

More info here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10012442

bigmondy

The money that was left was used to pay off bills and the damproofing works in the property. It also needed a new water mains (it was fed off a well that was apparently better quality than the mains - however wasnt compliant - go figure).

They have nothing left and where they were receiving assistance with their council tax and rent - they have lost it.

I mislead you all in to thinking I was asking about motability - and the "getting around " component of the DLA - I wasnt. I merely mentioned his car because it is their lifeline - they dont have any income and the car is not going to last them for much longer. I know they unfortunately cant get motability given their ages.

I have repeatedly recommended that they sell the house and enjoy it while they can - but now I have seen the details, I tend to agree that it would be highly unlikely that they would get anywhere near what the house is actually worth due to the prices of property up there and its location. It has been in the family for over a hundred years and they just dont want to break the line.

Their son and daughter live abroad and dont keep in touch regulary and even supposing they did - Im not sure they could help. They are in a Catch 22 and I know many would consider them lucky - but it has become a burden and they are worried about the future which is a shame. I just thought AA would be something that they are deserving off and TBH nothing mentioned above convinces me otherwise.

I think I will print the form out for them and take them through it tomorrow night and try and help them take it from there. I might get a better idea of what is wrong with his wife as well as I expect all that will be needed in the form.

I hope I have got the right one - looks like they will need to fill in their life story.

http://www.dwp.gov.uk/advisers/claimforms/aa1a_print.pdf

Many thanks for taking the time to respond - you guys are invaluable.

Mojisola

bigmondy wrote: »

Sorry for the long introduction - but the Old-Man is really the sole carer of his wife and has been for years. I have been telling them that they should claim Attendance Allowance for a while - but they were too proud. Now that they have lost all their benefits and have no income whatsoever - no pension credits or private pensions - should they not qualify for AA?

If they did - how do they calcualte between the upper and lower limit and what is the timescale for applying?

One last question - should they both be entitled to AA as they effectively look after each other?

The name does cause some confusion but Attendance Allowance is not given to the person doing the "attending" but the person whose care needs mean they require help. It would be worth them both applying for AA but get help to fill in the forms.

If they get AA, and as they both care for each other, they may also be able to get the "underlying entitlement" to Carer's Allowance. In this case, the carer applies. Again, get help to fill in the forms.

Dunroamin

bigmondy wrote: »

I have repeatedly recommended that they sell the house and enjoy it while they can - but now I have seen the details, I tend to agree that it would be highly unlikely that they would get anywhere near what the house is actually worth due to the prices of property up there and its location. It has been in the family for over a hundred years and they just dont want to break the line.

Their son and daughter live abroad and dont keep in touch regulary and even supposing they did - Im not sure they could help. They are in a Catch 22 and I know many would consider them lucky - but it has become a burden and they are worried about the future which is a shame.

A house is only worth what someone is prepared to pay for it so that's what they'd get if they sell it. A hundred years is only their parents' generation so it's hardly an ancestral property!

From what you say about their children, it sounds as if the first thing they would do on inheriting the property is to sell it so I really feel all this "keeping it in the line" is a bit OTT.

grummps

margaretclare wrote: »

This is something about which there is an awful lot of misunderstanding and misinformation.

Attendance Allowance is not means-tested and it is non-taxable. It's meant to pay for things you can't do for yourself and, once granted, no one questions what these things might be. If transport is important to you then use it for car costs.

Given your description of the lady it sounds probable that she, at least, may be entitled to this. There are 2 levels, whether you need help and care by night as well as day, or only in the daytime. It is possible that the gentleman's insulin-dependent diabetes may mean that he needs someone there at night to ensure that he doesn't go 'hypo'. Although this particular benefit has no mobility component it is of course possible to use it to help to keep the car running.

More info here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10012442

I'll disagree with one part of your posting. It is possible that the gentleman's insulin-dependent diabetes may mean that he needs someone there at night to ensure that he doesn't go 'hypo' I've yet to meet anybody, other than a child under 16 that is entitled to DLA or AA on that basis. Yes It may be awarded for complications relating to Diabetes, but not for the normal treatment process.

I am a member of a local Diabetes group as well as a National one and this question always crops up.

Type 1 is easily controlled and certainly does not warrant someone being there at night just in case!

If that was the case every Type 1 sufferer would be getting DLA or AA which they certainly don't.

Finally, I think it is important to point out that getting any award of AA nowadays is just as difficult as getting an award under DLA.
I will admit that AA used to be a 82% certainty with the first claim made.
Now, it appears that most new claims are thrown out. The DWP were far too lenient in the past and appeared to make an award purely on the basis of 'being old'.
I have seen some very strange claims and decisions in the past with AA claims. One case was one old guy over a 6 month period felt dizzy when getting up out of a chair too fast.
He has not had this happen since, all because his GP told him to get up slowly! He was awarded AA for this at the lower daily rate!!

It is not unusual now for 3/4 claims to be made before any award is made.

Just thought that it was important to point this out.