Section 117 and State Pension

Discussion in 'Legal and financial issues' started by Beestie, Mar 1, 2015.

  1. Beestie

    Beestie Registered User

    Jul 17, 2013
    6
    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 I assume her DLA and Pension Credit will be withdrawn?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.
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    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.
     
  3. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,781
    Salford
    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
     
  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    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.
     
  5. Beestie

    Beestie Registered User

    Jul 17, 2013
    6
    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.
     

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