Seb
March 22, 2022 at 10:04 am
Hi , my mother is in an care home (not a nursing home). She is 100% funded by Continuing Healthcare (CHC). She gets some £177 weekly for Pension Credit . Is this correct or are the DWP overpaying her? I am confused and a bit worried if she is overpaid it will need to be repaid. .
Many thanks.
S
Adrian
February 20, 2025 at 10:50 pm
No your mum should get her full pension at all time but you have not said how long she be in the care home you have 28 days to see how your mother gets on with the home then they take what money you have like state pension and private if your mother as only state pension they take sum of this to go toward your care home which you pay on behalf of your mum they must leave her with 32.00 pounds for her self 177 - 32 =145 pounds to the home plus state
Linda
April 8, 2022 at 4:22 pm
Hi Seb,
My experience was that if my husband was in a care home his benefits stopped apart from mobility on higher rate Pip. Benefits are not affected if cared at home, but it is best to notify them within 12 weeks and they will tell you
Christopher Wooldridge
February 21, 2020 at 2:48 pm
My son, who has autism, learning difficulties and epilepsy lives in a residential care home and his place there is fully funded by NHS continuing healthcare. Prior to moving into the home he received PIP at the enhanced daily living and standard mobility rates. The DWP has withdrawn both components of his PIP benefit. I expected the daily living component to be withdrawn but thought that he would continue to receive the mobility component of PIP as he lives in a residential care home, not a nursing home.
The DWP say that the mobility element of the PIP benefit has been withdrawn because they are treating the care he is receiving in the home as equivalent in status to care in a hospital. The manager of the care home and a manager at the Clinical Commissioning Group through which his continuing healthcare funding is provided have both filled in questionnaires sent to them by the DWP in which they have confirmed that the home does not provide nursing care, does not employ any NHS staff, and that my son does not receive NHS treatment in the home. Despite this evidence to the contrary the DWP stick to the view that being in the home is equivalent to being in a hospital and on these grounds have withdrawn the mobility component of the PIP benefit. Is this not contrary to the rules applying to PIP in residential care homes?
Linda
May 18, 2021 at 7:30 am
Hi, Christopher
I’ve just seen your post, and you are correct you are still entitled to pip mobility component. When my husband went into a care home I challenged the decision when they removed all of his pip.
Here is the article
Minister for Disabled People, Maria Miller said:
The reasoning behind the original decision was to ensure there were no overlaps in funding leading to double payments. We have spent the last few months gathering information and evidence and visiting disabled people in care homes to find out directly from them how their mobility needs are actually met in practice.
We found a complex set of overlapping responsibilities have evolved which have allowed different local authorities to deal with the issue of funding of mobility in care homes in very different ways and some practices which have lead to overlaps in funding.
However, I have always been clear that I would not make any change that would stop disabled people from getting out and about. Which is why after listening to the strong concerns of disabled people and their organisations, I have taken action and decided not to remove the payment.
An amendment to the Welfare Reform Bill will be brought forward to enable this decision to be carried through into PIP
I hope this helps
C Fos
November 3, 2020 at 9:29 am
Did you get this sorted? You are right the mobility should not have been withdrawn as it’s residential, not nursing. My son boards at college 38 weeks and is CHC funded and still gets the mobility component. I have a friend whose son has a 52 week placement, so effectively full time care, and still gets the mobility component.
Julie
November 3, 2019 at 12:12 pm
My elderly mother has just been granted a CHC package in her own home. However, my son lives with my mother and does everything for her ie, washing, cooking, cleaning, sees to her finances, her bills and is constantly there if she needs anything. He is presently her full time carer and is in receipt of Carer's Allowance. Will CHC mean he will lose his Carer's Allowance ?
Karen
October 4, 2019 at 10:53 am
Hello my mum is currently funded by CHC and lives in a care home. Her needs are to complex for me has a young mum to have her home. Although I would of loved for her to live with me. She currently gets universal credit but was declined PIP because of the funding. Is this correct? It would be great to get the mobility component for her has she is a full time wheel chair user, so would mean we could possibly get a vehicle to help get her out and about more to family houses. Any feed back would be help full thanks
Care to be Different
October 7, 2019 at 9:47 am
Hi Karen - that's great that you have managed to secure CHC for your Mum. In terms of the additional benefits speak to AGE UK or Citizens Advice they should be able to offer some advice on this. Kind regards
Bob
July 18, 2019 at 9:30 am
My wife has advanced MS and gets full NHS funding at home with a live in carer. I have recently been made redundant from my part time job, I have applied for Carers Allowance, I still play a full role in the care if my wife. Managing the care, shopping, trips out etc.
Will this have an affect on my wife’s eligibility to CHC?
Thanks
Jenny
July 18, 2019 at 12:29 pm
Sorry Bob, I forgot to add this link in for you.
https://www.gov.uk/carers-allowance
Jenny
July 18, 2019 at 12:26 pm
It shouldn't. The payment for CHC is from the NHS budget and is based on your Wife's Health Needs. Eligibility is not determined by means.
Benefits are paid by DSS and DWP and some are means tested. However, I'd be on guard for the Managed Need and Routine Care arguments at the next review of your wife's CHC if you are now more heavily involved in the delivery of care. Remember Managed Needs are still needs.
Teresa
June 7, 2019 at 2:06 pm
Mum has been self funding her care home for nearly 2 years she has vascular dementia, she has been turned down 3 times for CHC . She had a severe stroke in February and was sent back to the care home on fast track palliative care with CHC. I informed DWP and they stopped her AA and mobility payments straight away. Now after 12 weeks the CHC assessed her again and withdrew her funding so she is back to paying £1450per week. She is hoisted, has no mobility, double incontinent, is on puréed food and thickend drink , she cannot speak and doesn’t recognise any of us now and just lays there chewing madly at her blanket , she is on calming meds when required. None of this was acceptable to the assessor as needing CHC even though it was awarded by the hospital . She is a very sick 86 year old lady who has so far paid nearly £90,000 towards her nursing home , my father died when he was 64 and bought their small 2 bed council house they were never well off and paid their dues all their lives , dad didn’t even draw much state pension as he died so young they had no savings as he didn’t earn much money . I cannot understand how anyone qualifies for CHC as she needs a nursing care. She has multiple strokes and TIA's but assessors said it was not documented and would not take the families word for it and that the care given can be managed , the mantra of a managed need is still a need fell on deaf ears .
I have been told I can reinstate her AA but as she was in receipt of the mobility component before , she may not get it back this time.
Ian Scott
August 26, 2021 at 3:53 pm
Your mother's situation sounds much like my own mums, she got CHC without much of an issue (Herefordshire) sorry this must sound galling for you. Essentially with the incontinence and pressure sore risk, and falls risk, she was seen as having complex needs. She did/does show severe distress when moved
jim
June 10, 2019 at 8:50 pm
Teresa - this is an appalling story. The real issue is that the relevant CCG should be paying the £1450 pw to the care home. This amount in itself indicates that your mum is receiving services that are much more than social care but are nonetheless being wrongly characterised as social care. In other words, the nursing and/or other healthcare services are merely incidental or ancillary to the accommodation services. From what you say, the reality is the other way round. The accommodation services are incidental or ancillary to the required nursing services. This is because your mum required nursing and/or other healthcare services which could only be facilitated by her being accommodated in a care home.
Finally, you refer to nursing (rather than residential care) home - is your mum receiving funded nursing care (FNC) from the CCG? Is it possible you're unaware of this as it would be paid direct to the care home. You should, in this respect, ascertain the situation. If so, then there's a fairly simple legal argument to demonstrate to the CCG that the incidental or ancillary test cannot apply and, on that basis, your mum is (and always was) eligible for CHC .
Roger Sharp
June 10, 2019 at 8:24 am
I'm sorry if this sounds obvious, but have you actually gone through the formal appeals process? There is also the issue of why it is that in many London Boroughs, CHC is awarded to 20-30 people per 50,000 of the population, whereas further up north in can be over 200. That's a bonkers postcode lottery.
Barry Simpson
January 25, 2019 at 10:38 am
On page 37, this says 'If you live at home your benefits should not change'
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/746065/Easy_Read_Guide_-_2018_National_Framework_for_NHS_Continuing_Healthcare.pdf
Roger Sharp
October 31, 2018 at 10:05 pm
People 100% funded by CHC appear to have no right to a social worker. Am I correct?
With no social worker they are incredibly vulnerable especially if the CHC funding authority takes no interest in their care.
Something truly terribly has occurred to my son because of this. I have an opportunity to to bring it to the House of Commons office in Westminster and start a petition to have the law changed so that he and others are entitled to one.
Are their readers of this column who would support this idea?
Sally dowling
November 26, 2018 at 7:12 pm
My son is fully funded by chc and greatly disadvantaged by no longer having a social worker. Activities have stopped, very few new options have have been sourced and none funded, basically his world has become much smaller.
In January it was decided at his MDT meeting he would need to move from his supported living home.
The care manage ingorned this ,and eventually in July he was given 12 weeks notice. That expired 6 weeks ago and we still cannot get her or her manager to answer the phone or reply to an email. Meanwhile, the managers from the 2 new possible homes are ringing us to ask what’s going on as they cannot get chc to respond either.
Jenny
November 1, 2018 at 6:27 pm
I should be surprised if The Care Act doesn't cover the right to an assessment though.
Surely the Local Authority should have turned up at assessment and review for CHC. How else could they establish the case was beyond their remit? However, I well appreciate that the person who turns up for this probably has no prior or later contact with the patient - that was certainly my experience with an elderly relative. The phrase Self Funder seemed to be used as an excuse to do nothing to help re equipment, information about services etc. Even when I reported Safeguarding issues regarding his care, the LA had a good go at doing nothing, as his care was not commissioned by them. I think the situation may have changed since the Care Act .
I'd certainly be willing to help highlight your concern and case.
Jacqueline
October 17, 2018 at 5:23 pm
Hi, I am currently fully funded chc. I received DLA before this. Middle rate care and high rate mobility. I still receive this but should I now be applying for the higher rate? Will I automatically get it or do I have to jump through hoops for it?
Roger Sharp
August 15, 2018 at 4:30 pm
My son, 31, qualifies for CHC funding from Croydon NHS. He has had to live out of the borough since the age of eight due to lack of service provision within LBC. 10 months ago he had to move from a care home in Surrey to a supported living house in the same county. We had a letter from Croydon saying that because he had chosen to live outside the borough, his CHC cost would be transferred to Surrey.
This was something Surrey were never going to agree to and from a statutory position, in the "Who Pays?" guidelines, it seems pretty clear that it should still be Croydon.
When he arrived at the supported living place, he was made to complete a housing benefit claim, but this fell £40 per week short of the cost of the accommodation, and he now owes them over £1500, and is also having to pay for his own food, which he wasn't before.
Croydon refuse to enter into any dialogue over this, and have ignored a complaint we made using the proper procedure.
It seems to me that they have transferred the majority of the accommodation cost to Surrey, and the balance to him, which seems to fall well outside what should have happened. Has anybody else been in this position? Looking at all the rules, Croydon are responsible for meeting 100% of his accommodation costs, period, on top of his staffing costs. I'm wondering if he should have made a claim for different benefits when he transferred addresses?
Any views or advice on this would be much appreciated. BTW, instead of the "seamless" transfer of the essential medical services he needs, they were all cancelled and 10 months later we are still trying to re-establish them. Surrey say it's not their problem, Croydon say nothing.
Mickymcd
July 17, 2018 at 10:28 am
My father recently had to move from his Flat to a general nursing home he had frequent falls at home he also required his meds nutrition and fluids recorded stringently.He still likes to go out in his mobility car but no more as his motability has been stopped which isn't good and which will affect his mental well being greatly :(
Rob
January 19, 2018 at 3:55 pm
Mum has vascular dementia and has been living in Nursing Home for almost a year while we await Elderly Mentally Infirm (EMI) Nursing Home bed.
Mum is, presently, fully funded by NHS Continuing Health Care (CHC) but I recently noticed that Attendance Allowance (AA) payments stopped in November 2017 without notification.
I called Department for Work and Pensions (DWP) and was informed that Mums AA has been suspended awaiting clarification of admissions date. However, when I contacted Nursing Home they stated that DWP had not made contact.
At the moment I'm unsure if AA has been cancelled, as I was told by DWP that it is "with decision maker".
What are criteria for AA ?
Is it like CHC and nobody has a definition ?
Jenny
January 20, 2018 at 2:34 pm
I'm pretty certain that AA stops when NHS Continuing Healthcare (CHC) is awarded. I think someone who knows better than me has posted that further up the thread. The best thing you can do is to ensure you know the date on which your mother was awarded CHC and make sure the repayments (which will likely be required from your mother's account) do not exceed that date.
Re Criteria for AA I think on the annual summary and advice of payment for the next year, and on the Gov.UK website the criteria are laid out, plus the need to inform DWP when there is a change of circumstances. I don't think it mentions CHC award ( which helps to keep it secret!) , but it does mention entry into hospital, change of address or care home.
Jean
December 11, 2017 at 10:21 pm
Thank goodness for an informative forum such as this! It is a real help to us who have sick, vulnerable relatives, and we too in the process of being left vulnerable by not knowing which way to turn. My sister is about to be assessed tomorrow as to whether she will receive NHS Continuing Healthcare or Social Services funding. I really didn't understand their clinical 'jargon' at all and felt quite 'in the dark' about it all, and left with so many questions that nobody seemed to answer. A BIG thank you to you all! kind regards, Jean
Angela Sherman
December 12, 2017 at 9:10 am
Thank you for your very kind words about the blog, Jean. I'm glad it's helpful.
Patricia lees
November 11, 2017 at 11:23 am
If my husband receives NHS Continuing Healthcare for nursing home, does his state pension still go into our joint account?
margaret moore
March 7, 2019 at 4:26 pm
this is something i would also like to know
Elizabeth
November 21, 2017 at 7:43 am
This is something I would also like to know
Hugh O' Grady
October 2, 2017 at 1:48 pm
Hi K
It is my belief that you did not have to pay back the money requested because the mistake was made by them after you had given them all the "Material Facts." As I understand it, if they have all the evidence available, and they make a mistake, they can ask for the money to be repaid, but NOT demand it. You are out of the timescale for an ordinary Appeal, but you may be able to ask for a hearing based on "Exceptional Grounds." This allows you to Appeal up to 13 months after their decision. Please do not underestimate the power of giving all the Material Facts. That can win a case in your favour if you can prove the concept. I hope this helps K. You can download one of their Appeal forms from the web. Please post back about how you are progressing. Regards:-Hughie.
Julia
August 7, 2017 at 6:48 pm
My son is joint funded by both healthcare and Social Services (SS). He has been receiving ESA which is taken from him to pay towards his fees (£400). Today I received notification that he will receive EESA an addition amount and put in a support group and not expected to work. Will he be allowed to keep any if this additional money or will it all go on care home fees leaving a very young man on just 24.99 to live on? This amount is ridiculous. What is the point of the DWP giving him extra if it all goes back to SS. I also didn't realise that I could claim DLA for him when he is home week. Would our council not then take more money from this payment too? Thanks
Mica
July 17, 2018 at 2:34 pm
My son is going to move to a care home on 52 week placement soon and our social worker told me that his personal care component of PIP will stop. But here on this forum, some people are saying they get the money for the care component for the days the person comes home. I am going to bring him home every weekend but I wasn't sure about this because to me it seemed as if we were using the public money 'twice'. So I've just phoned and asked PIP (we were moved to PIP a few years ago) about this and I was told that we 'can' claim for the days I bring my son home. This is exactly what I've been doing for the past 3 years since my son started at the residential college as a weekly boarder. Each month I send back the form (or call them) telling them the dates he was at home and they pay us accordingly. So I just have to inform the name and address of the care home. This is a huge relief to me as I have to buy his pull-ups and I was worrying where I could find the money for them, since he will be left with only £24.90 pocket money each week!
So, to answer your question, yes, you can claim DLA for the days your son spends at home. Though I'm not sure if the 'joint funding' situation would make any difference.....I think it's best to ring and ask DWP about this.
Mica
July 17, 2018 at 2:09 pm
I haven't been on this platform for months and have just come back and found your comments. My 22 year old son has been attending a residential college as a weekly boarder and our local authority has been taking Client Contribution from his ESA (£141.10 but it's just increased to £145.35 since April) leaving him £24.90 per week. I totally agree with you, it's such a small amount money a young person is allowed to keep! I hear the amount is exactly the same for everyone regardless their age. But what I found most unfair is that people whose care is fully funded by Continuing Health Care are allowed to keep all of their ESA. Another student at my son's residential house is funded by CHC and not by his LA and he can go swimming, hydrotherapy, horse riding etc using his £145.35. It doesn't make sense to me as all funding, whether by Local Authority or HNS, boils down to the tax payer's money yet one has to make contribution whilst the other doesn't. If the Government insist on this Client Contribution policy, the same should apply to people on CHC as well and they should also put money back into the NHS pot, who is desperately in need of money!
Lynne
February 9, 2018 at 1:20 pm
Did you get a reply on this as just going through it with my daughter? Thanks lynne
Liz
April 28, 2017 at 11:38 am
Hi,
My mum receives Continuing Healthcare in a care home and has done for the last two years, I have notified the benefits office that she should no longer receive disability living allowance ( I have notified them on the phone 4 times and in writing). They have paid it to her this year not monthly as the letter I received stated but at the end of the year they pay the whole lot in one go. I have left it in the bank account untouched because I don't believe mum should receive this any longer. Any advice would be appreciated?! Thanks
Ann
March 1, 2017 at 11:00 am
Hi,can anyone answer this question?? I'll try an explain it as best as i can. Young man 28,lives in a Residential care. Placement was previously funded by the local authority (LA). Out of his ESA he paid an assessed charge calculated by the LA directly to the Residential Care home which left him with a Personal Expense Allowance of £24.90 per week spends. He is now Fully Funded by ContinuingHealthcare (CHC), not LA. Should he still be paying a charge to the care home or not out of his ESA? Are the rules age related & dependent on which Benefits you are on? As it seems elderly people 65+ when Fully CHC funded do not pay a charge to care homes. Soo confusing :/
Ann
February 24, 2017 at 7:49 pm
My friends daughter, 20, Continuing Healthcare (CHC) funded, lives at home with family and claims DLA high rate care & high rate mobility. Which is unaffected. Mums Cares Allowance also unaffected. If your son is claiming ESA placed in the Support Group-Contribution-based, this is also be unaffected.
Our son, 28, is now CHC funded lives in Residential care. (Different Rules for different setting.) Its a hell of a lot more complicated and confusing trying to get answers. That's still on going. I will post here when I get definitive answers.
Hope this is of help. Good look. :)
Lincoln kelly
February 24, 2017 at 2:35 pm
My son is eighteen and in transition. What a nightmare. Will my son lose his PIP if he's successful getting CHC enough though he lives at home?
Alison Partridge
November 30, 2017 at 6:23 am
My son is 33 and lives at home. He is fully funded by Continuing Healthcare (CHC) and still gets esa and pip. The benefits as far as I am aware are for living expenses, bills, outings etc. The CHC is for health care. So no he shouldn't lose his PIP Lincoln:)
Dilys
February 20, 2017 at 12:25 pm
My husband has been in a Neuro Rehab centre for 2 years, funded by NHS Continuing Heathcare as he has a tracheostomy. Although his DLA was indefinite both the care & mobility (high level) were stopped, despite me twice challenging this. I just wanted to check if this is actually correct as some residents there do still get the mobility component whilst funded by NHS Continuing Healthcare. I'm looking at getting him home soon and wondered if this situation would change?
Anne birkinshaw
December 13, 2017 at 8:38 pm
I have a husband also with track. The rehab unit that he is currently in are trying to get rid of him to any tracki care home wherever. He doesn't feel ready to move & eventually will come home but not ready yet. I would prefer he stay where he is. How did you manage to stay in your rehab & get Continuing Healthcare to pay?
joanie
February 17, 2017 at 5:57 pm
My sister is in hospital following broken hip, she has advanced dementia. The social worker is saying in my sister's best interests she should go into a nursing home and she is applying for CHC, meanwhile we are to check out nursing homes. A lot of homes are mentioning top up fees, could anyone advise me who pays these fees, as if it is for my brother-in-law to pay he would be financially strapped. Also does my sisters pension, as and private pension get taken from her, or are these monies added together and paid to the nursing home?? Any advise appreciated
Alison Partridge
April 30, 2018 at 10:20 am
As I believe it to be if Continuing Healthcare (CHC) agree to fund your care then it cannot by law be topped up. CHC must cover ALL your health and social needs costs. Ask them how they can ask for top up fees to CHC funding when its clear its against the law to do so. Its basically like you going in hospital and being asked to pay extra to top up your treatment.
Maddy
April 20, 2017 at 3:52 pm
Top up fees are paid by a third party ie family members. The way i understand Continuing Healthcare (CHC) funding, your sister will keep her pensions, however beware if it's Funded Nursing Care - this is a weekly payment made to the home - the rest would be covered by the client.
Ann
February 7, 2017 at 12:02 am
HI Gill. Do you happen to know if the same applies if the young person living in a residential care home if partly funded by the Local authority and Continuing Healthcare ??
Gill
February 7, 2017 at 9:48 am
Hi Ann. I'm not certain, but I would imagine so. It's very difficult to find anyone to answer questions about this situation because when you ring up about benefits, the person you speak to tends to only know about the particular benefit they deal with, but nothing more complex. I can't remember which benefits number I rang in the end, but it might have been the Disability Service Centre on 0345 605 6055. I explained what I wanted to know and the person I spoke to didn't know the answer themselves, but offered to get someone more knowledgeable to call me back. I received a call later in the day from someone more senior (perhaps from another office) who was obviously well informed about the impact of CHC on benefits. I was able to fire all my questions at her and she answered clearly and confidently. I'd give that a try, if I were you. If you manage to find out the answer, please post it here as I'm sure it will be useful to others!
Elaine
November 25, 2016 at 2:51 pm
Thanks Gary will have a look into it. Anything advice is welcome. Regards
SH
November 25, 2016 at 2:19 pm
CHC Eligibility can be applied in residential homes
P. Harden.
November 24, 2016 at 7:04 pm
In regard to this and Gill is right about DLA my daughter is in a nursing home. Though she qualifies for DLA both mobility and care and told it was indefinite they can't pay her any of it as she is in a nursing home.
Jim
November 23, 2016 at 9:43 pm
Connie - (1) I infer that the £156 pw is for Funded Nursing Care ("FNC") when your mum goes into a care home. This is paid by the CCG to the care home for the provision of nursing services. The nursing services fall within S3(1)(c) NHS Act 2006. Have you read the article "Funded Nursing Care: Decisions may be wrong"? This article argues that the secondary legislation - the Standing Rules - is being wrongly interpreted by the authorities and that, on a proper interpretation, anyone found to require the provision of registered nursing services (which prompts the payment of FNC) is eligible for NHS continuing care; (2) That said, payment of Attendance Allowance ("AA") is unaffected by the so called FNC "contribution". But the payment of AA would be affected if the local authority is, wholly or partly, contributing towards her care home accommodation costs. It follows from this that if your mum is "self funding" - i.e. she is paying all her accommodation costs - then she is entitled to payment of AA.
connie
November 21, 2016 at 2:47 pm
My 94 year old mother suffers from dementia and has been in hospital for 8 weeks during which time her condition has deteriorated dramatically and can no longer return home. She has just been refused CHC funding but I will be appealing although she was offered a contribution of £156 per week. During the assessment, I asked if her Attendance allowance would be affected by this contribution and no-one was able to tell me! I later found out that she would be losing her attendance allowance which would now be at the higher level of £82.30 so the net contribution is actually £73.70 - given that she was already entitled to £55.10 what was actually being offered was a net figure of £18.60! I wish I had known this during the assessment.
Elaine Cull
November 19, 2016 at 3:49 pm
Thank you so much for the wealth of information in Angela's book. We have just embarked on our journey in applying for Continuing Healthcare (CHC) for my Mum and as we progress we are finding your advice invaluable.
My Mum has been in a nursing home for 12 months. She is 72 and diagnosed with Alzheimer's 4 years ago and of late Parkinsonism. She has deteriorated so much that now she is mainly in bed., totally immobile, unable to feed herself and has cognitive deterioration. She does not recognise us and her only form of communication is to mumble incoherently.
Mum has been assessed by the CHC team and. Even denied funding. The assessment meeting in May was attended by a member of the CHC team, a social worker and for the purpose of assessing her skin only the presence of a nurse from the nursing home. We have appealed and are waiting for a date for another assessment. Mums health has deteriorated since May.
Admidst all this process we have lost our dad who was at home with dementia. He fell and broke his hip and never recovered from the operation.
This has put mum in a better financial position however (due to now being a sole home owner) we have not as yet volunteered this information until we have a decision regarding CHC. Mum is partially funded at present.
Have you any advice for our next stage. Many thanks.
Angela Sherman
November 29, 2016 at 8:39 am
Thank you for your kind feedback on the book, Elaine. Yes, your mum's financial position has no bearing on the CHC assessment process, and no one should ask about that until the CHC process is complete. Even then you don't have to disclose anything; you can just decide to pay - IF she's not eligible for CHC. Make sure you pick apart all assessment notes and decisions to highlight any flaws, omissions, inaccuracies and misleading statements or language. This may also help you: http://caretobedifferent.co.uk/appealing-a-continuing-care-funding-decision/
gary
November 23, 2016 at 1:15 pm
change your dads will by dead of variation so you get his share if you can? depends on how the house was owned, not an expert but worth looking at
Julie
November 10, 2016 at 8:51 pm
Thank you I will call DWP again regarding this .
Julie
Gill
November 10, 2016 at 5:23 pm
My profoundly disabled 27-year-old son lives in a residential care home currently funded partly by Social Services and towards which he pays £400 per month from his disability benefits. Before applying for NHS Continuing Healthcare funding (for which he may be eligible on the grounds of his challenging behaviour) I wanted to find out what impact this would have on his benefits. He currently receives DLA Mobility Component, and when he comes home to stay with the family he also gets DLA Care Component (Higher Rate). It has today been confirmed to me that if he is awarded NHS Continuing Healthcare funding, he will continue to get DLA Mobility Component because he lives in a care home where there are no qualified nurses or medically trained staff and he receives no nursing/medical care. Apparently if he lived in a nursing home or a care home where he received any medical treatment from qualified staff, he would not get DLA Mobility Component. He will also still be able to claim DLA Care Component for the periods he spends at home being looked after by the family. Our situation is unusual as most people who qualify for CHC are elderly and probably need medical/nursing care, but I hope this information might be useful to families with younger disabled members.
Mica
April 30, 2018 at 7:58 pm
Hi Gill
That's interesting. So, what our social worker told me recently is true. The residential care homes my son might be going to, all have staff trained to administer his daily medication and his emergency medicine in the event where he has prolonged seizures. Our social worker says if he goes into one of those homes, the money from Mobility component of PIP will need to go to the care home. I still can't see the logic though. What's medical needs got to do with Mobility component????
Roger
February 28, 2018 at 4:29 pm
Thank you so much for posting that. My son gets higher rate mobility allowance and only by chance went into supported living rather than a care home. The latter would only have been an interim placement, but he still would have needed his car. I am assuming if he requires district nursing services in an assisted living house, all is well? Hope so.
I'll make a separate post about EESA and living expenses.
Ann
May 2, 2017 at 6:54 pm
Hi Gill
Your situation is very similar to our son's. He is now fully Continuing Healthcare (CHC) funded, living in a residential care home.
To claim for periods spent at home as the parent/carer you will need to remain as the appointee for DWP Benefits.
He will still get the Mobility Component in a residential care home, regardless if you are the appointee or not.
ESA is not affected. (I'm assuming he gets ESA placed in the support group).
Your son will no longer pay a charge to the residential care home, when fully CHC funded.
More spending money for him, but if saving go above £6000 Benefits are affected/stopped.
The rules are very complicated, my advice to any parent/carer is always seek advice. Easier said than done I know. Hope this is of some help to other parent/carers of younger adults.
Angela Sherman
November 15, 2016 at 10:18 pm
Thanks very much for the information, Gill.
Angela Sherman
November 6, 2016 at 4:09 pm
Thanks for all your comments so far.
Angela Sherman
November 6, 2016 at 3:54 pm
Pension income should continue regardless of CHC, because CHC has nothing to do with a person's income, savings or assets. Page 31 of this AgeUK Factsheet may help regarding Pension Credits and other benefits: http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS20_NHS_continuing_healthcare_and_NHS-funded_nursing_care_fcs.pdf?dtrk=true
P .
October 31, 2016 at 9:33 pm
Hi, Relatives AA stopped when went in to nursing home. A person from DWP saw us and said if money they had did not reach £10,00 they would still get some pension credit, which they do. They did not own house etc. before going in to home. In reply to K though another family member in nursing home but not getting CHC had to pay back pension credit because they realised they had paid them too much going back 2 or 3 years, even though they knew their situation, and even saw person in the home.
Judy Price
October 31, 2016 at 8:36 pm
I applied for Continuing Healthcare (CHC) for my dad on 23rd December 2015, I was told there was a 6 month waiting list before they would assess but here we are, 1st November tomorrow, and despite chasing them up i've heard nothing. Are there any maximum timescales? I'm also interested in Fiona's comment that she got CHC on appeal after commissioning an independent assessment. How do I go about that? I'm concerned because i've heard virtually no one succeeds in getting CHC in our area. Also does it mean the care home gets paid less or more? I moved my dad to his home 3 years ago. They only had a shared room at £550 per month but told me he could have his own room when one was free at £750. However once he was in the home they then said the fees were going up and the single room was £1000 per week, which I have paid as dad is settled there, but there appears to be no way to check whether they are charging everyone fairly or not. They seem able to charge what they want. Final thought - dad was refused CHC when in hospital 3 years ago just before going to the nursing home. But the hospital has lost all the records, and I was never given anything. Any implications regarding CHC. I'm also concerned that as far as the home's records are concerned they really downplay behaviour etc., as they have residents worse than my dad, but a lot of info is just not getting written up. Is the answer an independent assessment, what are the costs and are they recoverable? Dad was a teacher, a single parent and not wealthy. All of his avings and two thirds of his house sale money has now gone. Judy
Angela Sherman
November 6, 2016 at 4:09 pm
Judy - that delay sounds whole unacceptable. The whole point of a CHC assessment is to determine who is legally responsible for paying for care. At this moment that decision hasn't been made, and so you could try sending all care invoices to the NHS for payment. (Be mindful of what impact that may have on quality of care though.) Some families do forward invoices to the NHS in that way. Also, you may want to write to the Head of Adult Care at the local authority (LA). If your dad is not receiving CHC at the moment then he is, by default, a local authority responsibility . However, if his care needs are actually beyond the LA's legal remit, the local authority is currently in an illegal position. You may find they can put pressure on the NHS from their side. Care homes generally get paid less via CHC than they do from self-funders. It's a clear conflict of interests and, as a result, not all care homes seem willing to help families secure CHC. If you're concerned about the quality of the care notes at the care home, be sure to kick up a fuss - as these notes are as much about a person's safety and the ability of staff to deliver the correct care as they are about CHC. Be sure to let the CHC assessors know that the care notes are inadequate. CHC aside, make sure your dad's money does not go below £23,250: http://caretobedifferent.co.uk/paying-care-home-fees/savings-thresholds/
Sandra
October 31, 2016 at 6:48 pm
My father is self funding in a care home in Scotland. He had his Attendance Allowance stopped and does not qualify for CHC as Scotland has changed this. He has had to sell his house. I think it is grossly unfair.
Julie marshall
October 31, 2016 at 6:33 pm
Thanks I'm sure it's because mum is in a residential home. Has anyone else come across this please?
Pauline Cooke
October 31, 2016 at 4:55 pm
My dad is receiving CHC at home and is still having AA at higher rate which from my understanding is correct.
Pam Campbell
May 16, 2018 at 8:21 am
Can someone please clarify - my mum has very recently been granted NHS Continuing Healthcare (CHC) funding. I’m in a dilemma to accept or reject. Will she lose her higher rate Attendance Allowance and myself lose Carers Allowance?
Can I refuse CHC funding?
wendy
November 1, 2016 at 10:51 am
I am trying to get my partner home who has recently been assessed as needing Continuing Healthcare (CHC) but was told that CHC could not be provided at home only care settings. My partner has dementia and they are trying to move her to an area which is over 60 miles away. Can you advise as to what type of care you receive. Many thanks, Wendy
Julie marshall
October 31, 2016 at 4:32 pm
Hi my mum is in a residential home and receiving Continuing Healthcare (CHC).. Her DLA has all been stopped. Thanks Julie
Julie marshall
January 9, 2017 at 9:24 pm
Hi again after all your advice I contacted my MP...And mums DLA has been reinstated from march 2016 when it was stopped, so thanks very much guys because after contacting DWP twice myself and dial contacting them and being told mum was not entitled to the mobility element I had more or less accepted that was the ruling. But if you are in a residential home you can still get the mobility element....So thanks again and don't always take the first answer your given . Julie
Chris
October 31, 2016 at 4:02 pm
Jenny
You are correct AA is paid if they are self funding care home fees, but my Mother was not self funding when she first entered a care home.
K
October 31, 2016 at 3:27 pm
Totally confusing. My mother was receiving pension credit and AA. I informed the departments that she was going into care. Not CHC as it was and is still in process (despite the fact that she died August 2015). They re-addressed the amount paid. Then 2 weeks following her death & completion of Probate I (as executor)received a letter stating that the tax office had provide copies of Probate and they were legally entitled to review all payments made since 2005 made, even if I had received in writing previously that no payments were owed. Needless to say after numerous trips to the bank and loads of enquiries, 75 sheets of paper & 3 letters from me they concluded that I had to pay £6,500 as they had made mistakes. Being totally confused by their brief explanation and stressed by the whole situation I paid up. It so galls me as I have always informed the benefits team(s) what was happening during my mothers sickness.
Fiona
October 31, 2016 at 3:13 pm
The whole thing has been a nightmare from start to finish. A real battle to get Continuing Health Care funding with every effort made to exclude and changes made to agreed scoring after various meetings. We had to appeal the decision and it went straight through when we got an independent assessment undertaken. Now we have just been re assessed and are awaiting for the results. It is clear every effort is being made to exclude my parent from qualifying - the reality being that he is significantly deteriorated since first qualifying. We fully expect to have to get another independent report by the same specialist which will show he is worse ( by what miracle would a 94 year old who suffered a catastrophic stroke improve?). No other funding is received apart from Pension. I'm not aware of being able to qualify for anything else, we have had no meaningful support from any advisory service, the social worker we first had was beyond useless and seemed to know less than we did.
Jenny
October 31, 2016 at 3:07 pm
Chris, I was specifically told that if relative was self funding in a care home AA could continue. They wanted repayment of AA for time in hospital and rehabilitation as that was NHS funded. On that logic, I can see why they want AA to stop when CHC is paid, but not when self funding - but I may well be wrong!
Chris
October 31, 2016 at 6:06 pm
Jenny
You are correct. AA is only payable for self funders, otherwise it stops after being in a care home after 28 days.
Chris
October 31, 2016 at 2:42 pm
My Mother's Attendance Allowance was stopped 28 days after going into a Care Home and that was before she received CHC. State Pension and Pension Credit are still being paid, i.e. before and after CHC was awarded. I don't ever recall the Dept of Health asking the question "who is paying the care home fees?" I don'think it is relevant whether they receive CHC or not. Pension Credit is calculated on the savings amount at that particular time. If your relative's savings are reducing on a constant monthly basis the Dept of Health should recalculate the amount paid as pension credit regularly. If the savings are increasing then I would only notify them each April.
Jenny
October 31, 2016 at 2:34 pm
My relative was awarded Continuing Healthcare (CHC), but it wasn't actually paid to the Care home for many months after award. I didn't stop the AA (at higher rate) the relative received until I was certain the money was being paid and payments were up to date. I'm wondering whether AA should be repaid if we are successful in any retrospective award?
Angela Sherman
November 6, 2016 at 3:50 pm
Jenny - quite possibly, yes. You may find that AA is deducted from any retrospective refund (or needs to be repaid).
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