Attendance Allowance and Pension Credits

irishjohn

If there are any experts about I would appreciate some help. Please note it refers to NORTHERN IRELAND services and adminsitration here differs to Great Britain.

After 8 weeks in hospital in early 2011 my mum moved to a nursing home where she still resides. Last week I received a letter from the Social Security Agency asking me to repay overpayments made to her for Attendance Allowance and Pension Credits - stating that the office had not been informed quickly enough of her change of circumstances. Mum looked after her own affairs before admission to hospital and I only took this over when we became aware that she would be moving to a nursing home. I rang both Attendance Allowance and Pension Credit telephone numbers during week 8 in hospital.

I suspect the rules state that these benefits stop after a certain period in hospital and this is how an overpayment occurred, but as I have received regular letters from the Agencies changing payment methods of mum's pension I am somewhat surprised that it has taken 30 months to identify and chase up an overpayment.

My main question before I go in all guns blaring is as follows.

What does a hospital do in administrative terms when they have a long stay patient? Would they notify the Social Services agency or is it solely the responsibility of the patient to make sure this is done by a family member on their behalf?

Mum's nursing home fees are funded as she has no savings and she is in receipt of the basic £20 approx weekly for personal needs, and I would like to avoid money being clawed back out of this sum if the overpayment and delay are down to inefficiency on the part of the hospital and SSA.

Thanks in advance.

Old_Git

I am no expert but as far as I know if your mum was in hospital for more than 4 weeks over a three month period the SS are suppose to be notified.It is up to the family to do this .I dont know how the hospital administer this .

GlynD

From personal experience my suggestion would be to appeal their decision. Make sure you have some kind of proof of when you informed them if possible.

An appeal won't cost you any money. All you have to do is to write to them. I'd be inclined to send the letter recorded delivery. Tell them you want to appeal and include your reasons for doing so. Then wait.

The appeals service is based in Omagh. You can get their details and much more information on their website: http://www.nidirect.gov.uk/the-appeals-service-northern-ireland-tas

You can also have a representative attend with you such as your solicitor or member of the CAB and to be honest it might be very useful to chat through the appeal with someone like that first. The British Legion is probably the best equipped if your daddy was in the forces.

Don't be apprehensive about appeals. The three man/woman panel is totally neutral and it's not like going to court. Because of the nature of my illnesses and injuries I've had to attend quite a few of these and have won about 75% of cases myself without any representative being with me. Just being sure of my facts and having them documented. When I've lost however I've often considered that I wouldn't have if I'd been represented.

SS often make pretty glaring errors btw so be confident.

elliemoo

Go to your local CAB or similar advice centre.

Hospitals are not obliged to inform the SSA of a patient's admission, they are very unlikely to be aware of any benefits that a patient is receiving.

Did the notification from the SSA not explain what type of overpayment has occurred and also what appeal rights and timeframes you have for submitting an appeal?

Not sure where you live but Belfast City Council is funding Tribunal advice/advocacy http://www.belfastcity.gov.uk/community/advice/tribunalservice.aspx

It can be daunting but please try and deal with the issue, don't ignore it, it wont go away but there is help available to manage the situation.

Good luck

irishjohn

Thanks to you all so far.

The letters simply stated "The office that paid your benefits was not told at the correct time about you or one of your dependants being admitted to a residential care home."

To be honest the sum is small - just a few weeks payments to be repaid, but as I rang both departments the day after I was told Mum was to move into a care home, I intend to argue my case. Looking now at the regulations, I realise that there seems to be a 4 week limit when admitted to hospital. As mum's outcome was uncertain the wheels of care kept turning, keeping her home, keeping it clean and tidy, doing her laundry and so on, all the things AA should be used for. Perhaps it should have stopped after 4 weeks and then been reinstated if she had returned home, but to take 30 months to identify the debt and ask for it is silly, and they will not be paid without being made to earn it in explaining things to me more clearly, after which I will propose it is paid back over 30 months by deductions from the £23 she receives weekly.

Golden_Anemone

John, I agree entirely about the time it has taken to notify you about this overpayment. It is unacceptable for things to take that long.

To be honest, though I'm not sure there is any merit in an appeal if the facts are as you say. However you don't have to appeal to offer to repay the sum overpaid at whatever works out at 30 months. You can reply saying your mother can only afford to repay at 10p per week and that will have to be considered. Good luck and best wishes to your mum.