Carers allowence

daff_duck

My mother in law has been in and out of hospital for the last three months, more in than out, my brother in law is claiming carers but does absoluty nothing as myself and my hubby are doing all the visiting and shopping etc. She is due out tomorow and the hospital has arranged for carers to come in every day permenantly. My question is how come he can still claim carers if she is getting care provided by the nhs?

benefitbaby

The two are not mutually exclusive, however if he is not providing 35 hours of care per week he is no longer entitled to Carer's Allowance.

daff_duck

He most certainly is not, which is why the hospital have kept her in until they could put a care package together for her. I am not the sort of person who could report someone though and I am not sure what to do? When we mention him coming to help she says oh no dont call him he is useless plus he is a very heavy regular drinker, I would even go as far to say an alcoholic which is why he does nothing and needs the money. I just dont get how she can get nhs care and he can claim carers.

Cpt.Scarlet

If your MIL has been an in-patient then you need to make sure that the DWP have been informed as this could impact on her DLA payments.

nannytone_2

becaue the carers sebr un, wont be with her all the time.

my father in law has carers .... they go in 3 times a day for 20 minutes each time. i do the main caring for him... all they do is give him the meals that i provide.

i have a PA funded by the local authority, and most of my hours are taken up either visiting him, batch cooking for him or running errands for him

daff_duck

cpt.scarlet no-one let the DLA know. she has been keeping her benefits in her account and just really living off the hospital! She is due out tomoro so no point in telling them anything now really and as I mentioned earlier I am a bit scared to phone anyone and tell them in case she finds out it was me. These hosptiyal stays heve cost us a fortune in petrol travelling 15 miles every day for the last three months so i am glad she is out but I am not happy about having to go to her house every day which is still 8miles away to look after her when the bil gets the benefits. I sound really selfish I know but I just cannot help it.

Cpt.Scarlet

daff_duck wrote: »

cpt.scarlet no-one let the DLA know. she has been keeping her benefits in her account and just really living off the hospital! She is due out tomoro so no point in telling them anything now really and as I mentioned earlier I am a bit scared to phone anyone and tell them in case she finds out it was me. These hosptiyal stays heve cost us a fortune in petrol travelling 15 miles every day for the last three months so i am glad she is out but I am not happy about having to go to her house every day which is still 8miles away to look after her when the bil gets the benefits. I sound really selfish I know but I just cannot help it.

Being a hospital in-patient is a notifiable change of circumstance, this is not an option, it's required.

If the DWP find out, and they will because most hospitals notify the DWP of long term in-patients, she could lose her benefits and have to pay them back, you can either manage the situation or leave her to dig herself out of a hole.

Pollycat

daff duck

Cpt.scarlett is correct, here's the link to the relevant page on Directgov website:

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

Here's the important bits:

Going into hospital may affect any benefits you receive, including Disability Living Allowance, Attendance Allowance, Employment and Support Allowance and Incapacity Benefit. If someone receives Carer's Allowance because they are caring for you, this may also be affected if you go into hospital.

It depends what benefits she is getting for herself:

Disability Living Allowance

If you go into hospital, nothing will usually happen to your Disability Living Allowance (DLA) straight away.
If DLA is paid for someone aged 16 or over, it will usually stop after the person has been in hospital for four weeks.
If DLA is paid for a child under 16, it will usually stop after the child has been in hospital for 12 weeks.
Attendance Allowance

Attendance Allowance will usually stop after you have been in hospital for four weeks.

Employment Support Allowance and Incapacity Benefit

Employment Support Allowance or Incapacity Benefit will not be affected during a stay in hospital, but certain additions may be affected.

Reporting hospital stays


Disability Living Allowance and Attendance Allowance

You must tell the Disability and Carers Service as soon as you go into or come out of hospital. You must also tell them if someone you get benefit for goes into or comes out of hospital.
Employment and Support Allowance and Incapacity Benefit

You must tell your Jobcentre if you or your partner are admitted to hospital. You must also tell your Jobcentre when you come out of hospital.
State Pension and Pension Credit

Your State Pension may be affected by a stay in hospital. See the link 'Report your change of address, bank details or other change of circumstances to The Pensions Service' to learn more.
Cold Weather Payment

If you receive a Cold Weather Payment that may also be affected if you go into hospital.

Re this:

daff_duck wrote: »

I am not the sort of person who could report someone though and I am not sure what to do?

daff_duck wrote: »

and as I mentioned earlier I am a bit scared to phone anyone and tell them in case she finds out it was me.

She is your mother-in-law.
What does your husband (her son) say about his brother claiming CA?

paddedjohn

OP, if you don't want to blow them up for fiddling then send me the details and I will gladly do it for you.

daff_duck

Thank you all, I know about the DLA being stopped after 4 weeks and about the return to hospital policy but if I tell them now that she is home isn't it a bit too late? Also my hubby is just as mad as me about his brother but unless some does ring DWP or carers nothing will change.

Pollycat

daff_duck wrote: »

Thank you all, I know about the DLA being stopped after 4 weeks and about the return to hospital policy but if I tell them now that she is home isn't it a bit too late? Also my hubby is just as mad as me about his brother but unless some does ring DWP or carers nothing will change.

No, it's not too late now she's home.

You could say that you weren't aware that you should have advised DWP, or that you were too stressed to think about it until she was home or better still, say that you're just checking that they have been informed as you expected your brother-in-law to inform them as it's he who is receiving CA and therefore it should have been he who should have told them about your MIL's hospital stays in case it affected their benefits - as per this:

If someone receives Carer's Allowance because they are caring for you, this may also be affected if you go into hospital.

It will be too late if the DWP find out from some other means and decide that your OH's Mum & brother have committed benefit fraud.

If your OH is angry about the situation, why doesn't he ring the Fraud line?