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re: Thoughts on declaring a break in care to DWP - Carers UK Forum

re: Thoughts on declaring a break in care to DWP

All about money
Whatho peeps

My caree been 'press-ganged' into a 10 day respite stay at local care facility. Hurrah! :whistle:

Have calculated that with this stay be (just) over four weeks in 26 weeks limit for breaks, combined with my respite breaks in last six months. (Since its well under 28 days don't see that need to inform DWP re caree's AA?)

Am tempted to keep schtum but then don't want fall foul of DWP. Anyone any experience of this. :-???
Mmmmm ... CUK's own guidance for taking breaks / effects on benefits ... from elsewhere on this site :

How a break might affect your benefits

Payment of benefits can sometimes be affected if you take a break from caring, or you or the person you are looking after goes into hospital or residential care.

Taking a break

You can have up to a total of 4 weeks break in any 26 week period and continue to be paid Carer’s Allowance during these breaks.

The breaks can be for any reason.

You must have been providing 35 hours or more of care a week for at least 22 of the past 26 weeks. Up to 8 weeks of a stay in hospital (for either you or the cared for) can be included in the 22 weeks.

The person you have been looking after must have been in receipt of the middle or higher rate of the care component of Disability Living Allowance (DLA), either rate of the daily living component of Personal Independence Payment (PIP), or Attendance Allowance or Constant Attendance Allowance for that period.

Going into hospital

You can continue to get Carer’s Allowance for up to 12 weeks in any 26 week period if you or the person you are looking after has to go into hospital. 12 weeks is the maximum, so if you have had breaks in caring for other reasons Carer’s Allowance may stop sooner.

You must have been providing 35 hours or more of care a week for at least 22 of the past 26 weeks. Up to 8 weeks of a stay in hospital (for either you or the cared for) can be included in the 22 weeks.

The person you have been looking after must have been in receipt of the middle or higher rate of the care component of DLA, either rate of the daily living component of PIP, or Attendance Allowance or Constant Attendance Allowance for that period.

In practice, if you are caring for an adult (aged 18+), you will only be able to get Carer’s Allowance for 28 days if it is the person you are caring for who is in hospital. This is because to get Carer’s Allowance the person you are looking after must continue to receive DLA, PIP, Attendance Allowance or Constant Attendance Allowance, and this will stop after 28 days.

For adults (18+) stays in hospital/residential care that are separated by 28 days or less are added together when deciding whether DLA, PIP or Attendance Allowance should stop (called the 'linking rules').

If you are looking after a child under 18 then their DLA or PIP can continue for the whole time they are in hospital (as long as they were under 18 when they went into hospital).

Stays in hospital/residential care that are separated by 28 days or less are added together when deciding whether DLA, PIP or Attendance Allowance should stop (called the 'linking rules'). Although from 29th June 2016 (England, Wales & Scotland) and from 6th July 2016 (Northern Ireland) only stays in hospital for those who were 18+ when they went into hospital count towards these linking rules.

Going into care

The DLA care component, the PIP daily living component, and Attendance Allowance will stop after 28 days in residential care if the social services / social work department have arranged the placement and help with the costs.

Stays in residential care/hospital that are separated by 28 days or less are added together when deciding whether DLA, PIP or Attendance Allowance should stop (called the 'linking rules'). Although from 29th June 2016 (England, Wales & Scotland) and from 6th July 2016 (Northern Ireland) only stays in hospital for those who were 18+ when they went into hospital count towards these linking rules.

Your Carer’s Allowance will stop once the DLA, PIP, or Attendance Allowance of the person you are looking after stops. However, if you have also had breaks from caring for other reasons your Carer’s Allowance may stop sooner.

Always let the Carer’s Allowance Unit know if you take a break or you or the person you are looking after go into hospital or residential care.

If your Carer’s Allowance stops due to a break in care there might be ways you can protect your National Insurance contribution record during the beak, such as claiming Carer's credit.

You should also let the DLA / PIP / Attendance Allowance Unit know about any time the person you care for spends in hospital or a care home.

Other benefits can also be affected by a stay in residential or hospital care. For more information contact the Carers UK Adviceline.

Going abroad

DLA, PIP and Attendance Allowance can sometimes continue for up to 26 weeks of a temporary stay abroad. You can continue to get Carer’s Allowance whilst you are abroad if you meet any of the following conditions:

You go abroad with the person you look after, and they continue to receive their qualifying disability benefit, and the purpose of your trip is to look after them. In this case, Carer’s Allowance can be paid for up to 26 weeks.

In any other circumstances, Carer’s Allowance can be paid for up to 4 weeks.

Income Support/Pension Credit can continue to be paid for up to 4 or 8 weeks if you go abroad for on a temporary basis. To check this and eligibility for other benefits when you go abroad, seek advice from your local advice centre, you can search for local help on the Advicelocal website. You can also contact Carers UK’s Adviceline.



Reading between the lines ... DWP known to be on the warpath with family / kinship carers ... ?

Feelin' lucky... punk ?
Why is a stay in hospital counted differently?
" Why " is only a question the DWP can answer ... they make the rules ?

Reading the same " Rule " ... someone staying abroad for 6 months , perhaps 5 months in a hospital ... can continue to receive DLA / PIP / AA ... and the carer CA ... if my interpretation is correct ? ... unless the use of the word " Sometimes " is the get out bit ?

The " Abroad " section is silence on that one.

How would they know ... unless the NHS share data with them ???
I told the dwp about a break in caring for my mum back in February this year, she had been in hospital for some of the time but not all, I just couldn’t care for her for 35 hours per week for about 8 weeks. I then claimed again from when I was able to resume 35 hours a week. The dwp decided to pay me for my break for some reason, maybe wrongly looking at one of the replies. They are now asking me if I did care for her during this period! I have no idea what they are after as I told them at the time that I was taking a break. Maybe they are now after the money back which I didn't claim in the first place. It appears they don’t know their own rules not take note of what they do. I think you are best to come clean as it could save you problems later on
Paula_1807 wrote:
Wed Dec 05, 2018 6:08 pm
I told the dwp about a break in caring for my mum back in February this year, she had been in hospital for some of the time but not all, I just couldn’t care for her for 35 hours per week for about 8 weeks. I then claimed again from when I was able to resume 35 hours a week. The dwp decided to pay me for my break for some reason, maybe wrongly looking at one of the replies. They are now asking me if I did care for her during this period! I have no idea what they are after as I told them at the time that I was taking a break. Maybe they are now after the money back which I didn't claim in the first place. It appears they don’t know their own rules not take note of what they do. I think you are best to come clean as it could save you problems later on
Paula, if they have made a mistake that is 'maladaminstration' and is worth making a formal complaint about. If they fail to resolve it then complain to the Ombudsman and he will likely find in your favour. If you show it has cost you he may demand they let you keep the money, or at least pay a token sum becuase they got it wrong.

This kind of thing is happening too regularly .
Kr
MrsA
Thanks Mrs A, I really don’t think the dwp know what they are doing as I don’t know why they are the questioning this period and I also have moved away and told them I am not caring for my mum now. They treat me now as an irregular earner, which I am (was) and have asked me for my income for August/ September/October when on 1st October I told them that I was no longer caring! They are a worry as they seem to change the rules as they go along!
Paula