Attendance Allowance & Nursing home

[AANursinghome]

MIL is in a nursing home. This is partially funded by the council with MIL paying the remainder with her pension and attendance allowance.
Weve just been told that AA should have stopped when she entered care. We had no idea, was transparent when filling everything in for the financial assessment for care and no one told us.

Anyway, they’ve said it will all have to be paid back. We estimate £7-8k. I just can’t get my head around it. The attendance allowance went straight to the care home. If she wasn’t in receipt of it the council would have just paid a larger proportion. Has anyone else had this?

Yeah. Hes sadly in a care home now although we managed to avoid that option for 2 more years.

I say sadly - he seems very happy there and enjoys the activities and has made some new friends. Hes very well cared for. So i shouldnt be sad.

It's good he's enjoying it there. My auntie just moved to one and she loves it. So it's often a good thing! X

Pleased she is happy too.

I think some peoples deterioration means, once settled, they prefer the safety and comforts of a good care home.

Dad needed 24/7 care and routine, with socialisation. Hes got that and in addition new friends, regular activities, people he knows popping in, a choice of menu, a nice warm environment.

But all care homes are not equal, of course.

Yes I get that but the council assessed it as part of her income and so it was paid to the care home. It wasn’t banked.

DM gets Attendance Allowance and we have just had to stop it due to an extended hospital stay.

Unfortunately it is the responsibility of the claimant or whoever deals with their finances to deal with this so, while you may be disappointed that it wasn't flagged up to you, I think you'll have to just suck this up

Sympathy, the whole thing is stressful and difficult. My mum helped my Dad claim it several years ago and then he ended up with an extended stay in hospital this year and brain damage and it was just lucky I found one of his letters at their house and realised I needed to phone them as Mum didn't realise (she's now got cognitive decline too) and he was in no state to do it for himself, I got in just before the 28 days and am now appointee. But the whole thing has been stressful and overwhelming and I could easily have missed it.

I thought you said Ii was paid into her bank account and you paid it to the carehome, it continued to be paid because dwp didn't know she'd moved into a partially funded carehome. How much funding towards the fees does she have to pay. Did no one ever tell you it would stop after 28 days, it's on all the paperwork.

Sorry, but it is your responsibility as attorney to ensure that AA is being claimed correctly.

I dealt with this for my mother as her attorney, so I know it can be difficult dealing with these agencies. But when you receive AA, you get a bundle of paperwork which explains the circumstances in which it is payable, and when it isn't. My mother was in a care home and when she moved from self-funded to LA funded (along with her pension contribution), it was also highlighted on the paperwork I got from the local authority that AA should stop. The money was paid to your MIL and it will have to be repaid out of her funds.

If she was fully self funding then she can still claim AA. However as LA are funding some she should let DWP know.

Yeah, it seems like if the council knew it was going to the care home they should've just stopped the claim or at least sent something saying the rule after 28 days. I get why you think it seems unfair it was allowed to continue.

I've just had a look at the letter I received from the LA agreeing my mother's financial assessment. It includes a paragraph saying "You need to inform the DWP of your eligibility date for financial assistance from the local authority so they can stop the Attendance Allowance" and then gives the phone number to call.

The LA would not have taken AA into account when working out their contribution to the fees, because they know it stops when they start paying the fees.

Local councils are totally separate to DWP and have no authority over any individuals finances so how would they stop a claim?
We cannot go through life thinking other people or authorities are responsible for doing things for us or telling us what to do.

Yeah that's true. I was just thinking of why OP thought it unfair.

“The LA would not have taken AA into account when working out their contribution to the fees, because they know it stops when they start paying the fees.“

But they did, that’s my issue. I guess we’ll have to just take it up with the council

Im surprised the LA didnt mention it but its not their responsibility.

Yes have a chat to them and see if they can make up the difference.

Its a hassle but being a POA just is. This part has been easier for me as Dad is privately funding but I have to sell our family home. The money doesnt bother me. The stress does - theres a reason Ive lived in my house for 35 years! And the emotional wrench is dreadful (We moved in when I was 12 and I helped choose it. Im 58 now.).

@AANursinghome
I think you may have misunderstood the paperwork you received. My mother's financial assessment agreement includes a list of workings out which does mention AA being paid, but that refers to what is currently happening (before the LA starts funding). It makes it clear that I must stop the AA claim when the LA begins funding. Anyway I wish you the very best of luck sorting it out.

Info here

https://www.gov.uk/attendance-allowance

This is of interest to me.
My mum is in a care home since Aug 2024 .
She's in receipt of attendance allowance since May 2024, but I clearly read that if she is a self funder the award of attendance allowance is not affected.
She is indeed a self funder.