Attendance Allowance when self funding

beardiedog

My mum was in receipt of AA until she was admitted to the care home on step-out from the hospital when it was stopped. Six weeks later she became a permanent resident and was self-funding for about a month as her savings and income took her just over the £23,250 limit.

The assessment was done in several stages: stage 1 fully funded, stage 2 partial funding taking into account AA being received by her until a certain date, stage 3 partial funding excluding AA.

The problem I have is that she has not received AA since she was admitted permanently to the CH but the LA has included it in stage 2. The LA say she is entitled to AA whilst she is self-funding. I rang the DWP shortly after the FA and explained this to them. Never heard anything so I wrote to them a month ago explaining the situation again and I've still had no response.

I think she is entitled to a month's AA when she was self-funding and that AA income in stage 2 should be removed so she should receive a rebate from the LA for this period.

All I can do is keep chasing the DWP but I just wanted to ask if anyone can verify that my understanding is correct before ringing them.

Torry_Quine

You are correct. While someone is fully self-funding they are still entitled to AA.

beardiedog

Torry_Quine wrote: »

You are correct. While someone is fully self-funding they are still entitled to AA.

Thanks, I can't understand why the DWP aren't responding.

help4help2013

write to your local MP and ask them to make a direct complaint to the DWP on your behalf you will be surprised how quick they reply

anmarj

Assuming you are in England? They could still be waiting on info from local authority to confirm and LA aren't always the quickest to respond to them, but the will backdate

beardiedog

anmarj wrote: »

Assuming you are in England? They could still be waiting on info from local authority to confirm and LA aren't always the quickest to respond to them, but the will backdate

Thanks anmarj

Yes, I'm in England, I'll give it a few more days before contacting them.

beardiedog

Still had nothing from the DWP so I rang them this afternoon.

It turns out they've received my letter but haven't done anything about it, it was just left on file with no action. The guy I spoke to was very helpful and agreed with my claim and said he would sort it straight away.

Why do you have to keep chasing these people before anything gets sorted properly?

I'm going to tackle the LA next as they've overcharged for a month of CH fees. That'll be fun.

SandraScarlett

beardiedog wrote: »

Still had nothing from the DWP so I rang them this afternoon.

It turns out they've received my letter but haven't done anything about it, it was just left on file with no action. The guy I spoke to was very helpful and agreed with my claim and said he would sort it straight away.

Why do you have to keep chasing these people before anything gets sorted properly?

I'm going to tackle the LA next as they've overcharged for a month of CH fees. That'll be fun.

You have my utmost sympathy, because this CH fiasco, and charging, has left me numb. After 5 weeks in respite, DH was granted a permanent place, at the beginning of the month. But I've received no confirmation in writing, and am loathe to cancel DLA, till it's confirmed.


Added to this, the respite rate is within the LA's guidelines, but the rate for permanent care is £200 more. Even though the bulk of DH's money will go to the LA, I'm being told by the CH, that I'll have to pay the top-up.


Having done my sums, this will leave me with minus £100 or so a week, before I've eaten! I too am looking forward to a fun time with the Finance Officer - when they finally get round to contacting me.


xx

beardiedog

SandraScarlett wrote: »

Having done my sums, this will leave me with minus £100 or so a week, before I've eaten! I too am looking forward to a fun time with the Finance Officer - when they finally get round to contacting me.xx

The FO will be able to help you claim extra benefits and will take everything into account so you probably won't be as worse off as you think right now.

Don't hold your breath, the LA don't move very quickly - not in my case anyway. It took 3 months to get an assessment for mum though she didn't have to pay anything during this time and then only the basic rate until it was finalised 2 months later. I say finalised, they've taken into account AA for a month when she didn't receive it so they owe her over £300.

As I said before, I constantly have to keep ringing people or things just get left in limbo. It all seems to just drag on and on.

beardiedog

Got back-payment of AA for 9 weeks from the DWP this week so that ties in with the LA's financial assessment so no need to chase them now.

Now need to tackle DWP about change of circumstances regarding mum's Pension Credit.

SandraScarlett

beardiedog wrote: »

The FO will be able to help you claim extra benefits and will take everything into account so you probably won't be as worse off as you think right now.

Don't hold your breath, the LA don't move very quickly - not in my case anyway. It took 3 months to get an assessment for mum though she didn't have to pay anything during this time and then only the basic rate until it was finalised 2 months later. I say finalised, they've taken into account AA for a month when she didn't receive it so they owe her over £300.

As I said before, I constantly have to keep ringing people or things just get left in limbo. It all seems to just drag on and on.

Well, glory Hallelujah, I don't have to pay top-up fees! :j I went online, and spent hours and hours reading the 116 page Government's CRAG report, regarding fairer charging in care homes, and challenged the extra cost, quoting the 1948 National Assistance Act, duty of care etc etc.


This was accepted, and I'm now negotiating a higher personal allowance to cover his life insurance policy. I still haven't paid anything, but I cancelled the DLA. Apparently the mobility component continues to be paid, but according to one web site, has to be passed over to Social Services.


But according to the Welfare Department of our LA, doesn't. No doubt I'll eventually find out. Hope your Mum has her AA refund now.


xx