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Personal Allowance-£22.30? - Carers UK Forum

Personal Allowance-£22.30?

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A quick question for anyone who might have some knowledge of this please.

Caree receives ESA (Employment Support Allowance) also was on DLA high rate for both care and mobility. DLA has been stopped for ages but she is still entitled to ESA.
Her present residential placement (a private hospital for those with severe behavioural difficulties) is funded by local authority and after her contribution, she will be left with £22.30 per week for anything that she needs to buy.

I think it probably is correct but does anyone know for sure?

When someone is in residential care, they are still entitled to the Care Component of the DLA but it isn't "in payment" because the home placement is being funded by the Local Authority. The mobility component should be kept, after all, she couldn't possibly go out by herself, so I don't understand was it stopped? When my son was in residential care, we used the mobility allowance to pay for his clothes, shoes etc. As a fit young man who enjoyed walking there was no way he could survive on the residential allowance alone. You should be able to claim care component for any days at home. Since the Carers Allowance week starts on a Sunday, if you were preparing for her visit on Friday, and she went back on Monday, then you tidied her room, did her washing etc. you would be entitled to TWO WEEKS CA if you were not working. This is a very important rule which many people are unaware of. Friday/Saturday is the 35 hours for week one, Sunday/Monday is the 35 hours for week two. Take care, Jill (My son was in a similar situation for many years, so I'm very familiar with the rules!)
Hi Jill, thanks for replying.

Our situation is different because my daughter is in a hospital, albeit a private one, when someone goes into hospital then the mobility component of DLA stops after 28 days..she has been there since September.

It isn't a weekly arrangement, she moved out in August to a specialist placement which was going to be her permanaet new home but lost her place 6 weeks later (they couldn't manage her behaviour) and she went to the hospital primarily for assessment. It was supposed to be a short term thing but as it is now very obvious that her needs are challenging, so far Social Services have been unable to find a suitable place.

She came home at Christmas for 4 days (and my house is still standing!!) but doesn't not come home for weekends etc as she has officially "moved out".

It looks like the £22.30 is it, I can understand that all her food etc is included in the accomodation cost but £22 really is a miserable amount. She had to get new glasses back in November which cost her £49, more than 2 weeks allowance. Image
Sorry, I hadn't realised she was in a private hospital, however when home I still think she should have her DLA Care and Mobility as my son did. We had a special form to fill in for periods home. Jill
I think that you need to get advice on this, it is an unusual situation but if the placement is LA-funded I think that your daughter should still be entitled to the DLA mobility component, if it was NHS-funded health care my understanding is that she would lose DLA after 28 days but should currently still be in receipt of ESA less certain premiums, I suggest that you ring the CUK advice line.
I hadn't thought about the "who is funding" side of things, it's a very good point, well worth following up - when is a hospital not a hospital I suppose. In theory one would expect the people administering the DLA to be aware of these more complex cases, but the average employee is unlikely to know. It's the same with claiming the Carers Allowance for periods when my son was visiting me from a residential care home. CA staff on the helpline denied it was payable in the way I've described. It took me a long time and quite a few letters to work out eligibility criteria and how to claim that. Like the DLA, once the principle was established I just had a special short form to complete giving periods home. Since I wasn't working at the time, these benefits made a huge difference to us. Jill
Ladybird's daughter seems to be losing out on two counts, it does looks to me as though the ESA which is still in payment is correctly being taken by the LA to part-fund the placement leaving the normal small weekly amount for incidental costs whilst the DWP is, incorrectly, viewing the placement as an NHS-funded hospital stay rather than a LA part-funded social care placement in a privately-owned hospital which might otherwise be defined as a specialist nursing home. I do not believe that social security law was ever intended to deprive a claimant of entitlement to income simply based on semantics, the rules relating to long-term hospital stays are based on the, now outdated, belief that the State in the form of the NHS would fund all needs, at the time including items such as toiletries, etc. and that the claimant needed very little money to fund non-essential items, effectively treats, the fact that most benefits now remain in payment for longer than was originally the case recognises not only the changing pattern of hospital stays but also that patients no longer have all their essential needs met by the NHS.
Just a quick update on this but I think you can probably guess..

Dla is not paid to anyone in hospital regardless if their funding is paid by local authority (Social Services) or continuing health care (NHS).

So, £22.30 per week or less than £3 per day it is. I best not comment. Image