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The estate of my deceased mother has recently been awarded NHS continuing health care redress for the period 1/04/04 to 28/11/2013.
It was initially assessed that she would be self funding. She contributed from her pension and a charge was placed on the property she owned by the local authority.
In 2011 it was determined that she should have been entitled to Attendance Allowance. This was put into payment and arrears were issued. These were held in a bank account.
Upon receipt of Attendance allowance I sought legal advice in respect of the arrears payment and was advised that a case should be raised for Continuing Healthcare Redress.
My mother passed away in December 2013.
A decision was finally made in our favour in 2018 and it was determined that the fees that my mother paid would be repaid and any debt to the local authority would be erased and the charge would be lifted off my mothers property.
We have now had confirmation of the payment that will be received plus interest at RPI.
The Attendance Allowance in the account was used in the account was used for various things including maintaining the estate and funeral expenses.
The NHS have advised that the payment will be made to us less the total of the Attendance Allowance that was paid for her.
I have asked for the legislation/ regulations in which it is deemed that the Attendance Allowance is recoverable and should be deducted however I have only been provided with a copy of the NHS continuing Healthcare refreshed redress guidance.
https://www.england.nhs.uk/wp-conten...s-guid-fin.pdf
After reading this, the only relevant part appears to be in relation to the purpose of this payKent is that the public is to not make a profit from the NHS or government body and to put the person back in the position they would have been had the funding being in place at the right time.
It is my understanding that the Attendance Allowance was paid based on the correct information at the time, no false statement was made, there was no official error and the decision to pay it was correct. I do not understand under what legislation Attendance Allowance is recoverable. I have tried looking through the benefit regulations but can't find anything.
it is my understanding the continuing care is to pay for her primary care needs due to the complexity of her condition and that Attendance Allowance was to be used for other things that requires however I understand this would not have been payable had she received the correct funding.
Do we have grounds to take this to the ombudsman or not?
thank you in advance.
It was initially assessed that she would be self funding. She contributed from her pension and a charge was placed on the property she owned by the local authority.
In 2011 it was determined that she should have been entitled to Attendance Allowance. This was put into payment and arrears were issued. These were held in a bank account.
Upon receipt of Attendance allowance I sought legal advice in respect of the arrears payment and was advised that a case should be raised for Continuing Healthcare Redress.
My mother passed away in December 2013.
A decision was finally made in our favour in 2018 and it was determined that the fees that my mother paid would be repaid and any debt to the local authority would be erased and the charge would be lifted off my mothers property.
We have now had confirmation of the payment that will be received plus interest at RPI.
The Attendance Allowance in the account was used in the account was used for various things including maintaining the estate and funeral expenses.
The NHS have advised that the payment will be made to us less the total of the Attendance Allowance that was paid for her.
I have asked for the legislation/ regulations in which it is deemed that the Attendance Allowance is recoverable and should be deducted however I have only been provided with a copy of the NHS continuing Healthcare refreshed redress guidance.
https://www.england.nhs.uk/wp-conten...s-guid-fin.pdf
After reading this, the only relevant part appears to be in relation to the purpose of this payKent is that the public is to not make a profit from the NHS or government body and to put the person back in the position they would have been had the funding being in place at the right time.
It is my understanding that the Attendance Allowance was paid based on the correct information at the time, no false statement was made, there was no official error and the decision to pay it was correct. I do not understand under what legislation Attendance Allowance is recoverable. I have tried looking through the benefit regulations but can't find anything.
it is my understanding the continuing care is to pay for her primary care needs due to the complexity of her condition and that Attendance Allowance was to be used for other things that requires however I understand this would not have been payable had she received the correct funding.
Do we have grounds to take this to the ombudsman or not?
thank you in advance.
