My mother in law was, until her death in June, in a nursing home, fully funded by the NHS under a continuing care arrangement, having both Alzheimer's and dementia. She was cared for under this arrangement for 4.5yrs, during which time she received her pension and pension credit. The dept of works and pensions have now come on to us claiming back her pension credit for the time she was in the home. According to various sites, continuing care is classed as "being in hospital receiving care" and as such she was entitled to her full pension. Please can anyone advise on this situation. TIA
Pension credit entitlement when in continuing care
- Thread starter Fliss52
- Start date
Hi and welcome to TP,
Your Mother in Law was entitled to keep her pension whilst on CHC but other benefits like Pension Credit & Attendance Allowance normally stop. DWP should have been told of any change of circumstances.
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It really does depend on why she was receiving the pension credit. For example, the additional amount for severe disability stops after 4 weeks. Also after 52 weeks if you don't have dependents living in your home, then any pension credit housing costs terminate. The basic pension credit however is paid for an indefinite period as long as the other qualifying conditions are met.
An additional wrinkle is that I'm assuming that this money has been accumulating in a bank account somewhere, and while pension credit isn't means tested per se, savings above £10K are deemed to have an "assumed income" of £1 per £500 per week. So she might have being paid rather more than she should have been.
An additional wrinkle is that I'm assuming that this money has been accumulating in a bank account somewhere, and while pension credit isn't means tested per se, savings above £10K are deemed to have an "assumed income" of £1 per £500 per week. So she might have being paid rather more than she should have been.
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Hi and welcome to TP,
Your Mother in Law was entitled to keep her pension whilst on CHC but other benefits like Pension Credit & Attendance Allowance normally stop. DWP should have been told of any change of circumstances.
Attendance allowance does stop but pension credit?
I thought PC stopped if you went into hospital and did not return home after 52 weeks.
@Pete R I think that's just pension credit housing costs but I could well be wrong.
@Fliss52 -it's not clear to me whether you ever notified the pension people about your mother's circumstances (and I agree with Pete that you should have), but whether you did or you didn't I would suggest you call the National Dementia Helpline for help and support. on 0300 222 11 22
@Fliss52 -it's not clear to me whether you ever notified the pension people about your mother's circumstances (and I agree with Pete that you should have), but whether you did or you didn't I would suggest you call the National Dementia Helpline for help and support. on 0300 222 11 22
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"If you go into hospital If you do not receive an additional amount as a carer or for severe disability, your PC entitlement is not affected if you are admitted to hospital as long as you return home within 52 weeks."
http://r.search.yahoo.com/_ylt=A9mS..._fcs.pdf/RK=1/RS=fcwQeXahoVl_RM_YmFAzqs1p9Zk-
"If you go into hospital If you do not receive an additional amount as a carer or for severe disability, your PC entitlement is not affected if you are admitted to hospital as long as you return home within 52 weeks."
http://r.search.yahoo.com/_ylt=A9mS..._fcs.pdf/RK=1/RS=fcwQeXahoVl_RM_YmFAzqs1p9Zk-
I was just wading through the DWP DMGs. Specifically https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606468/dmgch78.pdf
Savings credit isn't affected
In hospital 52 weeks or more
Claimant who has no partner
When a single claimant has been a patient for 52 weeks or more, DMs should note that the amount of SC payable will
1. not change and
2. remain in payment irrespective of the length of time spent in hospital.
And I don't think GC is affected either
In hospital 52 weeks or more
From 10.4.06 the amount of GC payable to a claimant is no longer reduced if
the claimant
has been a patient for a period of more than 52 weeks.
Savings credit isn't affected
In hospital 52 weeks or more
Claimant who has no partner
When a single claimant has been a patient for 52 weeks or more, DMs should note that the amount of SC payable will
1. not change and
2. remain in payment irrespective of the length of time spent in hospital.
And I don't think GC is affected either
In hospital 52 weeks or more
From 10.4.06 the amount of GC payable to a claimant is no longer reduced if
the claimant
has been a patient for a period of more than 52 weeks.
The DWP were notified of my mum in laws situation and attendance allowance ceased. She was a fully funded patient in a nursing home this fact was also notified to them. I am sure I have read somewhere that chc is classed as being in hospital, whereby pension entitlement is not affected. Her pension credit element was I am sure to top up her state pension to a living amount.
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