Please could you advise what happens to the PIP and Universal credit payments when my OH goes into nursing home? I rely on them to make up mortgage and bills each month. Also do,you know if they would put a note on the deeds of the house saying I had to pay OH share of house sale if I moved after he had passed on? We have no savings. Just the house in joint names.
Unfortunately this is not as simple as a yes or no answer, there are a few variables.
Regarding Personal Independence Payment (PIP) - This depends on which component he is receiving (daily living or mobility), whether he enters a care home or nursing home and whether he is self-funding his care home fees or the Local Authority or NHS is contributing towards them.
If he is receiving the daily living/care component of PIP
and he is fully funding his own care fees, he should be able to continue claiming PIP but this would be in order to contribute towards his care fees.
If he is receiving the daily living/care component of PIP and the LA is contributing towards his care fees, PIP would usually stop after 28 days.
If he is receiving the mobility component of PIP, this would normally continue if he enters a care home but not if he enters a nursing home.
If your OH enters a care home or nursing home permanently, you would both need to have a separate benefit check as you will normally then be treated as individual claimants. Any benefits your OH continued to be entitled to (depending on the funding arrangements) would be expected to contribute to his care costs.
This is why it is important you have your own benefits check as a single claimant as his benefits money would not normally be ‘passed back’ to you to pay household bills. If your OH is in receipt of any
occupational pensions however, 50% may be ‘passed’ on to you to help run the home but be mindful this would then be included in your own benefits calculation.
You can find out more information on benefits in our factsheet '
Benefits for people affected by dementia'
Citizen’s Advice Bureau, Turn2us and Age UK usually offer benefits checks, contact your local branch or visit their website for more information.
You can also contact the Department for Work and Pensions to discuss further or report any changes in circumstances.
I cannot give detailed information or legal advice regarding property. As a general guide, for as long as you or a qualifying person are living in the property and meeting the eligibility criteria for a mandatory property disregard (see section 34 of the
Care and Statutory Support Guidance) the value of your OH’s share in the home would be disregarded from the financial assessment to pay for care.
If you moved house before he died, you should liaise with the Local Authority regarding your plans to check that the disregard would continue to be applied on your next property or whether it would open up some of his share of the savings to be used for care fees. There is some information and examples of this is the above guidance.
The Local Authority should not contact you to reclaim care home fees after he has died if the property had been disregarded from the financial assessment during his life.
The law on property and paying for care is complicated, detailed and there are exceptions to the normal rules. You can find more information in the
Care and Statutory Support Guidance, on our '
Paying for care and support in England' factsheet or by contacting a Solicitor or Financial Adviser.