Increased attendance allowance with deprivation of liberty in a care home?

pensionhelpplease

Hi All

Just looking for some help / advice - couldn't find this anywhere else
My mother is in a care home and the subject of a deprivation of liberty order (due to dementia), she currently receives attendance allowance at the lower level (from before she was admitted into the home) 
Does the fact she is subject to this order qualify her for the higher rate of her attendance allowance? Has anyone claimed with this as the basis

Thanks for any help

Flugelhorn

the higher rate is for people who need help / supervision day and night - one would think that DoLS was supervision at all times - can you reapply?  Suspect you would have to describe the level of supervision she has in the home

beanielou

I would ask for a review of the claim stating the above. 

elsien

Flugelhorn said:

the higher rate is for people who need help / supervision day and night - one would think that DoLS was supervision at all times - can you reapply?  Suspect you would have to describe the level of supervision she has in the home

The DoLS is a legal mechanism for someone who lacks capacity around their care and support needs and is unable to agree to stay where they are, or the help that they get. There is normally a level of restrictions such as locked doors, support with personal care, medication et cetera, which is the person is not able to agree to or otherwise

Constant supervision doesn’t mean someone with the person all the time. I know someone who has a DoLS who is out on her own all day every day between nine and five. The constant supervision comes from having to tell people when she is going out, when she’ll be back and knowing that they will send out the search parties to bring her back if she isn’t. 

So being on the DoLS doesn’t make any odds to attendance allowance in and of itself  - the lady I know would not qualify. 

As you say, it’ll be around the specific level of support and supervision, and how often she needs care during the night as opposed to the usual hourly checks of someone sticking their head around the door which is a blanket thing in most care homes regardless of need.