Attendance Allowance awarded - DWP demand to pay it back

etwallace

I correctly and honestly applied for attendance allowance in respect of my mum and 2 days later my mum (92) broke her leg and was immediately admitted to hospital. Due to the stress and visiting I delayed informing the DWP for 7 days. In that time the DWP had paid 2 weeks of benefit which they now want repaid.
Do I have to repay it ? The letter implies by law I have to repay. 
Thanks

calcotti

Was the start date of the AA before your mother went into hospital or after she went in? If before, she is entitled to be paid for up to 28 days while in hospital. If after she is not entitled to be paid until discharged from hospital. 

etwallace

The application was dated 12th Dec, my mum was admitted to hospital 14th Dec, the start date on the repayment demand is given as 23rd Dec, paid for 2 weeks 23-12-19 to 5-1-20 when she was in hospital and then (sadly) in a nursing home. I don't know when the DWP assessed the application, possibly week commencing 16th Dec..

calcotti

When you say the application was dated 12th December was this a date stamped on the top right of the front page of the form by the DWP before it was issued?
What date does the decision letter say the award commenced on?