Claimant been in nursing home for 14 months!

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    We have just been informed that a claimant (mrs) has been permanently in a nursing home for the past 14 months, but the partner has remained in the property.
    The claim is paid on the basis of receipt of Guaranteed Pension Credit. We have never been informed by the PS of the change & we even received an ETD in October 2010 in both their names. The son who has power of attorney has now contacted us to say his father (the partner) has had a stroke yesterday & is now in hospital!
    We have checked CIS & they are aware of the chenge in circs & are paying the partner as a single person from the appropriate date.
    Obviously we will have to cancel our claim back to when the claimant went into the home but I can’t think of any way we can look at a claim in the partners name going this far back. Is there any provision in the regs to do this?


    Unfortunately, on the face of it I think it would be difficult to find a “low impact” solution to this in the regs.

    As you correctly suggest, the claimant should lose entitlement from 14 months ago (give or take depending on circumstances) and the partner can only have benefit backdated for 3 months.

    You could always write off the overpayment!


    Can’t you create the overpayment and then apply underlying entitlement? The claim from the partner would be the “claim as it would have appeared…..” They are after all one claiming “unit”…..or am I stretching the regs to breaking point?


    has the claimant definitely been ‘permanent’ in the home since the day she was admitted? in our authority the nursing homes often say that the person is a permanent resident as in their opinion they won’t be going home, but when we actually speak to the family, we often find that the decision that the claimant would not be returning was made at a later date


    Yes the claimant is definately permanent in the home.


    Why did it take the PS that long to decide on PCGC and when was the date of the decision compared to the date they were informed.

    Kevin D

    Assuming the o/p has been correctly calculated, I’d be inclined to consider Jeff’s approach. Much as Andy’s suggestion has moral attractions, I don’t think the legislation bears an interpretation so as to apply ULE to “claim B” (or a case where a change of circs occurs during “award B”) where the overpayment was in respect of “claim A” or “award A”.


    Presumably the partner had to make his separate claim to pension credit. I wonder why we never got a LACI at the time but having said that can’t we treat the HB claim as made at that point? It may or may not give him a few more months depending on when they got their information. It’s entirely the fault of the Pension Service for not dealing with it properly. This information sharing is too often a one way street

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