NHS CHC and Pension Credit

[PaulOckenden]

MiL is in a care home (has been for three years), and is fully funded by the NHS (Continuing Healthcare).

During the past three years the DWP has continued to pay her pension, including pension credit.

But now they are saying that they shouldn't have paid the Pension Credit element, and want to claw it back.

Everything I can find online (from various charity sites, mainly) says that Pension Credit ISN'T affected if you live in a care home and have NHS Continuing Healthcare funding. (Except if there is a DLA element, which there isn't in this case). But they are having none of it - the bloke who phoned (why can't they do this by letter?) was insistent. He says that all of this internet advice from charities is wrong.

Does anyone have chapter and verse on this? Can you point me to the various regulations that cover it?

Thanks for your help,

Paul.

 

[nitram]

"Does anyone have chapter and verse on this? Can you point me to the various regulations that cover it?"

Not the actual law but >>>THIS<<< is the relevant Decision Makers' Guide on Pension Credits.

I'll leave you to find the correct section.

 

[PaulOckenden]

Thanks - just done a quick search through those but couldn't see anything about NHS CHC.

I'll dive in deeper and see if I can find anything else that might be relevant.

Thanks again,

P.

 

[Pete R]

Hi Paul.

As far as I am aware all changes of circumstances must be reported to the DWP, so going into care might change her income if there was a house involved. It would also change if she was married.

I cannot find anything specific to CHC but again it would be a change of circumstance and in all charity type advice I've read I can only find that pension "MAY" still be payable rather than a definite "yes".

 

[PaulOckenden]

Thanks Pete.

The Alzheimer's Society's own factsheet says (in relation to NHS CHC):

"State pension payments will continue as before, however pension credit can be affected in certain circumstances such as when an additional amount for severe disability has been paid previously".

I'd just like to know where I can find the 'official' rules that this comes from, so I can chuck it back at the DWP.

P.

 

[jenniferpa]

Does she have any assets? There is an asset limit for pension credit. And are we talking about Guarantee or Savings credit?

 

[nitram]

If you regard CHC funding in a home as being analogous to a hospital stay Pension Credit should be continued in the same way that AA is ceased after 28 days.

 

[jenniferpa]

If the regard CHC funding in a home as being analogous to a hospital stay Pension Credit should be continued in the same way that AA is ceased after 28 days.

Yes, I think perhaps Paul might have more success if he searches for information about long-term hospital stays (which is essentially what CHC represents) and pension credit. I would agree that Pension Credit should continue to be paid in that circumstance unless the underlying entitlement changes.

 

[Pete R]

I'd just like to know where I can find the 'official' rules that this comes from, so I can chuck it back at the DWP.

What you quoted included "can be" &"such as" which is not definitive in my view.

As I asked in my previous post have other circumstances changed that coincided with your MiL going into care or when she started receiving CHC?

 

[PaulOckenden]

As I asked in my previous post have other circumstances changed that coincided with your MiL going into care or when she started receiving CHC?

The only change is that she obviously no longer lives in the house that she owns. No other changes in circumstance (other than mental incapacity requiring her to live in a care home - we have deputyship).

Thanks for your help,

P.

 

[jenniferpa]

Ah - well it's the house then. If she owns her own property and it isn't being lived in by a spouse and she is now in care (no matter how it is being paid for) the house value counts towards her assets and I think it's highly likely that would mean she was not eligible for pension credit (or at least, perhaps eligible but the tariff income from those assets would wipe out the pension credit).

 

[Pete R]

The only change is that she obviously no longer lives in the house that she owns. No other changes in circumstance (other than mental incapacity requiring her to live in a care home - we have deputyship).

Sorry Paul but as I said in post #4 .,your MiL's income has changed in that she has capital from the property and unfortunately this may well affect pension credit.

You are best off giving them a ring to clarify this but if the funds are/should be there then DWP may be able to claim them back.

You are responsible for reporting change of circumstances.

 

[jenniferpa]

To add to what Pete said: even if the property has not been sold, it counts as an asset once someone is in care. They do give you a "reasonable" period of time to sell the property where pension credit is still payable (it appears to be 3 months) but that's about it.

 

[Maaarrghk]

I'd still insist that they put it in writing.

Always good to be a bit of a stickler about that sort of thing, even if they do turn out to be right.

 

[jenniferpa]

I'd still insist that they put it in writing.

Always good to be a bit of a stickler about that sort of thing, even if they do turn out to be right.

I totally agree, particularly when you are dealing with another person's assets.