New to disability benefits- help pls

Pinklepurr

I have a close family member who had a severe stroke and has been left completely mentally and physically incapacitated and still in hospital many weeks later.

On their behalf, an appointee has raised a claim for universal credit, which we understand to be the “gateway” to other benefits.  What other benefits would someone in this situation potentially be entitled to claim?  We understand that such is the severity of their condition, the NHS is likely to cover their long term care needs as 24/7 care is required, but we are not sure precisely what this will cover and if there will be a requirement to “top up” to provide for any additional items needed.

The family member is a home owner (mortgaged) but this will need to be sold eventually, so they may have some equity in the bank at some point in the future, although at the moment there are no savings or investments to rely on.

We are finding this a minefield to navigate so any advice would be appreciated.  TY.

elsien

If they are fully health funded, then all their care will be covered. The fact they’ve had a stroke and are incapacitated and needing 24/7 care does not mean they will automatically get health funding, just so that you are aware. People can be in a nursing home and not get full health funding. 

Many needs which people consider to be health needs – washing dressing feeding continence etc are social care unless complex in some way. It is more usual to be primarily social care funded with a nursing top-up. In which case the person’s assets will be taken into account. See the fact sheet below. 

If they are primarily social care funded (which is more usual)  a financial assessment would be completed to see how much they had to contribute. The property would be taken into account and potentially a deferred payment agreement could be made any money out would be paid when the house was sold. If there’s no one else living there, which means that it would be disregarded. 

Anyone who is not self funding, all their benefits apart from a £25 a week personal allowance plus any PIP mobility would go towards paying for their care.
https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/
Family members are under no obligation to pay any top up - Third-party top ups are voluntary and should be considered very carefully because of the ongoing commitment. 

They will not be entitled to PIP while in hospital or in care homes aside from the mobility component. 

elsien

Also to add that unless there’s a power-of-attorney in place, someone will need to apply for deputyship to the court protection in order to sell the house. The appointees role is limited to benefits. 

This should be done as soon as possible because it is a very long process due to delays at the OPG. 

poppy12345

For UC they would need to be of working age. If they are a single person their UC entitlement would be £393.45/month. The person that's made the claim would need to make sure they report their health condition and provide a fit note. 

For the appointee, this isn't an automatic process, they will need to put a message onto the journal ask to become their appointee. A work coach will then arrange that. 

The only thing UC passports to is Free NHS treatment such as prescriptions, dental and eye tests. 

Savvy_Sue

Assuming someone under State Pension Age (because of the mention of UC), then you may find it useful to contact Different Strokes, who say "We help younger stroke survivors and their families in the UK to reclaim their lives through active peer support".

itsthelittlethings

poppy12345 said:

For UC they would need to be of working age. If they are a single person their UC entitlement would be £393.45/month. The person that's made the claim would need to make sure they report their health condition and provide a fit note. 

For the appointee, this isn't an automatic process, they will need to put a message onto the journal ask to become their appointee. A work coach will then arrange that. 

The only thing UC passports to is Free NHS treatment such as prescriptions, dental and eye tests. 

Surely they would get more UC than that due to their health condition?

elsien

For my own knowledge, does anyone know how UC would be impacted by someone being in a care home/hospital if they will definitely not be returning home? Would the home that they are not living in then count as an asset for benefit purposes?

Danien

elsien said:

For my own knowledge, does anyone know how UC would be impacted by someone being in a care home/hospital if they will definitely not be returning home? Would the home that they are not living in then count as an asset for benefit purposes?

If fully funded by NHS due to health needs then the house wouldn't count, but if self funded then it would. 

Savvy_Sue

Danien said:

elsien said:

For my own knowledge, does anyone know how UC would be impacted by someone being in a care home/hospital if they will definitely not be returning home? Would the home that they are not living in then count as an asset for benefit purposes?

If fully funded by NHS due to health needs then the house wouldn't count, but if self funded then it would. 

Although might that depend who else was living in the house prior to the claimant's need for care elsewhere? 

I only know about the rules for older people: MiL's house is disregarded because BiL lives there (always has), and he is 60+. 

Spoonie_Turtle

itsthelittlethings said:

poppy12345 said:

For UC they would need to be of working age. If they are a single person their UC entitlement would be £393.45/month. The person that's made the claim would need to make sure they report their health condition and provide a fit note. 

For the appointee, this isn't an automatic process, they will need to put a message onto the journal ask to become their appointee. A work coach will then arrange that. 

The only thing UC passports to is Free NHS treatment such as prescriptions, dental and eye tests. 

Surely they would get more UC than that due to their health condition?

Yes, after having a WCA and being assessed as having LCWRA.  Hence needing to make sure their health condition is reported to start the WCA process.

They are automatically treated as having LCW due to being in hospital but that doesn't increase the UC award.

Spoonie_Turtle

elsien said:

For my own knowledge, does anyone know how UC would be impacted by someone being in a care home/hospital if they will definitely not be returning home? Would the home that they are not living in then count as an asset for benefit purposes?

That is an excellent question.

It's definitely disregarded if they intend to return home.  If not, from what I can gather it can be disregarded if put up for sale, until it's sold. 
Then any proceeds from that could be disregarded if intended to use to buy another home for them (I don't know if that's even allowed where people are having to act in their best interests because they are incapacitated), but otherwise not.

[Also can be disregarded if a close family member lives in it and has LCW or is over state pension age, but due to no mention of anyone else living there I'm assuming that doesn't apply.]