PIP daily living allowance stopped with no warning

Enceladus

I'm helping a very ill friend out. To cut a long story short he landed up in hospital last week and I am sorting out some of his affairs, with his full permission. I discovered that his last PIP payment was a lot less than expected. Only the mobility element had been paid and zero living allowance. There has been no notification from the DWP as to why.

However this is not the first time. Several months ago all of his PIP allowance was not paid for three months. It transpired that the DWP were investigating whether or not his flat was in a care home. They simply suspended all payments whilst they investigated. After numerous calls it was accepted that he did not live in a care home and his PIP was reinstated and the arrears paid within a week.

He lives in a rented flat in what is called an 'extra care housing' development. He moved there about eight months ago. He pays council tax. Carers visit him in the flat but they are arranged by the Adult Social Care department of the Council, ie not provided with the flat.

It looks like the DWP have changed their minds without notice and decided this is a care home which of course would stop the daily living allowance.

How can I get this sorted once and for all? Is there a good definition of what counts as a care or nursing home and what doesn't?

[Deleted User]

Enceladus wrote: »

I'm helping a very ill friend out. To cut a long story short he landed up in hospital last week and I am sorting out some of his affairs, with his full permission. I discovered that his last PIP payment was a lot less than expected. Only the mobility element had been paid and zero living allowance. There has been no notification from the DWP as to why.

However this is not the first time. Several months ago all of his PIP allowance was not paid for three months. It transpired that the DWP were investigating whether or not his flat was in a care home. They simply suspended all payments whilst they investigated. After numerous calls it was accepted that he did not live in a care home and his PIP was reinstated and the arrears paid within a week.

He lives in a rented flat in what is called an 'extra care housing' development. He moved there about eight months ago. He pays council tax. Carers visit him in the flat but they are arranged by the Adult Social Care department of the Council, ie not provided with the flat.

It looks like the DWP have changed their minds without notice and decided this is a care home which of course would stop the daily living allowance.

How can I get this sorted once and for all? Is there a good definition of what counts as a care or nursing home and what doesn't?

Is he still in hospital? How long has he been in?

tacpot12

All residential care homes have to be registered with the Care Quality Commission, so I would suggest you call the Care Quality Commission and ask what the definition they use is, and whether the particular establishment that your friend lives in is registered with them as a residential care home or needs to be registered. If it is/does I suspect he will lose any argument that it is not a care home.

If it isn't but the DWP insist it is a care home, you can point out that all registered care home must be registered and that this development doesn't met the Care Quality Commission's definition to be registered, ergo it is not a residential care home.

Has your friend made you their appointee? You will find it much easier dealing with the DWP if you are their appointee.

It would be useful to others to update this thread with what you find out.

Enceladus

@shel
One week. I am aware that if he's in there for more than 28 days, all PIP will be suspended.

@tacpot12
Thanks, that's exactly what I was looking for.
A quick search of the CQC website shows that there is a small care home further along the same street. However nothing to do with the development in question.

I was recorded with the DWP as his appointee two years ago at the old address, to deal with a PIP appeal. I think I need something up to date.

Any suggested wording?

Thanks,

kingfisherblue

Is it a retirement village owned by the ExtraCare charity? If so, they are subject to the CQC as they provide carers, but they are not a care home. There is an ExtraCare village near me. Residents of the village can buy or rent a flat or bungalow. They pay a weekly amount for utilities. Carers are employed by the ExtraCare Trust, and are known as residential support workers (RSW).



I'm not aware of ExtraCare employing anyone to help with benefits, but if it is one of these villages, then there will be an office. The staff should be able to confirm that it is not a care home - each flat has it's own front door, a separate address, etc.

Enceladus

Not connected with the ExtraCare Cahrity, so far as I know. This development is run by Anchor Hanover. Mainly one bedroom flats with a smattering of two bedroom. Each with own kitchen, bathroom, bedroom and living/dining room etc. Each flat is separably numbered with a private door. There are some shared communal areas. There is a Telecare system and a full-time concierge. Each has separate electricity bills and council tax is paid by the occupants. Water must be part of the communal charges.

Some flats are rented and some are leased to the tenants. So there is security of tenure which I believe would not be the case with a room in a Care Home.

Care arrangements, where applicable, are bespoke to the occupants and are arranged through the Council's appointed care providers. Not the building managers. Funding for this would come from the occupants care plan and that in turn is dependent on their individual circumstances. I guess there is nothing to stop people making their own arrangements

Anyway he's still in Hospital and not in a fit state to talk to the DWP at the moment.