Section 117 and State Pension

[Beestie]

I don't normally post on here as searching will usually help me find the answers I'm looking for.

I think I've found my answer to the question I'm about to ask but I want to be 100% certain before I speak with DSS.

I am Mum's main carer and have been since she was diagnosed with vascular dementia 12 years ago. I promised Mum a very long time ago that I would help her to keep her independence as long as I could and I feel I've kept that promise to the best of my abiity. I had to bring in outside help 2 years ago and Mum was visited by carers 3 times a day up until December.

On 6th December she was found outside of her flat with no recollection of where she was or where she lived. She was detained under Section 3 of the Mental Health Act and has been in hospital ever since. The Section 3 was removed several weeks ago but she remains on a Section 117 which I have been told will stay with her for the rest of her life.

Mum will be discharged to a residential care home tomorrow and this is where I would appreciate clarification. I am aware her care will be fully funded because of the Section 117 but I was told earlier this week that it also means she will keep her state pension. Is this right? I assume her DLA and Pension Credit will be withdrawn? Any help or guidance on this would be very much appreciated.

Thank you for taking the time to read my post.

 

[jenniferpa]

Yes she will keep her state pension and yes, her DLA will stop. Hmm - I'm not sure about the pension credit though... let me check.

 

[Kevinl]

I don't know if this helps, it from page 5 on the link below where it says:

Examples of Income not taken into account
Please note that this list is also to be used as a guideline only.
● Pension Credit Savings Credit Component - If you are in receipt of Savings Credit you
will be entitled to a Savings Credit disregard of up to a maximum of £5.75 per week. This amount could increase up to £8.60 per week if you are part of a couple and in a
temporary placement. may be disregarded if you have a partner at home. The 50% that is disregarded is intended to be passed to your partner for his/her maintenance but may affect his/her entitlement to
● Disability Living Allowance- the Mobility Component of this benefit is fully disregarded.
● Attendance Allowance and Disability Living Allowance – the Care Component of these
benefits is fully disregarded if you are in a temporary placement, but taken fully into
account if you are in a permanent placement.

http://www.google.co.uk/url?sa=t&rc..._LfYiAbzKct-2_k4Sd4JG6A&bvm=bv.87269000,d.ZGU

 

[jenniferpa]

OK - it appears (and I say appears because there's not a lot of information out there about this) that she will keep her pension credit except for any element of it that is a severe disability additional amount. But I really can't swear to it. Generally, section 117 aftercare is analogous to being in hospital: if you can keep any benefits that are being paid to you while you are in hospital, no matter how long the stay, then you can keep them if you are under a section 117.

 

[Beestie]

Thank you for taking the time to respond and to confirm what I had read on here and on the internet.

Mum's Social Worker has told me that as she's "fully funded" her pension will be taken towards the cost of her care. When I pointed out that Mum has a Section 117 and will therefore keep her pension I was told I had misunderstood the regulations!

Whilst SW has been supportive this is not the first time he has given me the wrong information.

Such a shame that you have to question/research everything we're told.

 

[Cecily]

Hello. New here though I have been a regular reader / lurker for some time.

I have been searching for this information too. There is very little on the internet about it, much of it contradictory! I have also been told by a SW that despite MHA Section 117 funding in place for my husband to move out of hospital into a care home he would lose his state pension which would go toward the cost of his care.

As I now understand it, he will not, his state pension will carry on being paid to him in full as all his care will be fully funded by the NHS. Has anyone got any up to date experience of this?

Although I am sure he would have qualified I never applied for Attendance Allowance for him prior to his hospital admission. But had I done would this have carried on too? Presumably once he is in the care home it is too late to apply.

 

[Shedrech]

hello @Cecily
a warm welcome to DTP
I agree that your husband keeps his pension when that particular funding is in place
and that he qualifies for Attendance Allowance at the higher rate, so apply as soon as you can

Attendance Allowance

Attendance Allowance helps pay for your personal care if you've reached State Pension age and are disabled - rates, eligibility, apply, claim form AA1.

www.gov.uk

 

[canary]

AFAIK he will keep state and any occupational pension when he received 118 funding.
He should also get Attendance Allowance at the higher rate and it isnt too late to apply.

I think the SW was thinking about when someone is fully funded from the Local Authority - which isnt the case here. SWs are not always very reliable sources about funding, Im afraid.

 

[thistlejak]

MIL is on section 117 funding. She went into hospital and then care earlier this year
She still gets her state pension and pension savings credit, she does not get attendance allowance nor did she get the winter fuel allowance this year.
Another thing to note , should you choose a care home that is more than the section 117 amount she can use her own money ( or you can use it on her behalf if you are POA or Deputy) to provide the top up. It does not have to be third party top up.
Hope this helps.

 

[Cecily]

Thanks for the replies.

I phoned the AA helpline (busy!) and spoke to an advisor who said that I could apply for (I have POA) and be awarded AA for my husband but he would not get any actual money as he was being funded by the NHS Section 117 funding, which includes care home fees and nursing care fees.

As far as she was aware yes he will still receive his full state pension however, in contradiction to what the SW said! But she suggested I call DWP and double check. I think this is correct though.

Re winter fuel allowance, it has already been awarded for 2020, £100 each. Presumably I will get the full amount of £200 next year as I live alone now.

I have applied for and been told I will get a council tax 25% rebate as I now live alone, backdated to when my husband went into hospital, had we been getting AA of course I could have had this sooner.

Thanks for the advice re top up, options are limited in the area we live and the home he is going into (for now, things may change!) doesn't need a top up. However, I have also been told if the care home he's going to turns out not to be able to meet his needs and he has to move to a more expensive one which can the NHS should pay for this!

It's a minefield isn't it?

 

[thistlejak]

Thanks for the replies.

I phoned the AA helpline (busy!) and spoke to an advisor who said that I could apply for (I have POA) and be awarded AA for my husband but he would not get any actual money as he was being funded by the NHS Section 117 funding, which includes care home fees and nursing care fees.

As far as she was aware yes he will still receive his full state pension however, in contradiction to what the SW said! But she suggested I call DWP and double check. I think this is correct though.

Re winter fuel allowance, it has already been awarded for 2020, £100 each. Presumably I will get the full amount of £200 next year as I live alone now.

I have applied for and been told I will get a council tax 25% rebate as I now live alone, backdated to when my husband went into hospital, had we been getting AA of course I could have had this sooner.

Thanks for the advice re top up, options are limited in the area we live and the home he is going into (for now, things may change!) doesn't need a top up. However, I have also been told if the care home he's going to turns out not to be able to meet his needs and he has to move to a more expensive one which can the NHS should pay for this!

It's a minefield isn't it?

Re Council tax.
You should have been eligible for council tax disregard from when your husband was diagnosed. People with dementia are classed as having a severe mental impairment SMI. Please check out your council website. I got it for my parents in law ( both with dementia ) and got it back dated for 4 years. You would have only been paying as a single person household . This is a little known about 'benefit' that Martin Lewis goes on about every so often.

 

[Cecily]

I called the council about a year ago who told me (though the rules on this are a little ambiguous) that my husband with dementia would have to be in actual receipt of AA to qualify, and I had to provide proof, though the 'rules' seems to suggest he should have been 'eligible' which is different. Looks as though different local authorities interpret this in different ways.

I had the AA forms, but was so very busy caring for him filling them in went to the back of the to do list. I may fill in the forms and see if I can get some backdated AA but I'm not holding my breath.

Anyhow, I was told no re council tax.