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Do you still get attendance allowance if you are in a care home in Scotland? The updated rules explained

3 min read

Attendance Allowance is not available to people living in Scotland, where it has been replaced by the Pension Age Disability Payment. This change significantly impacts the answer to the question, "Do you still get attendance allowance if you are in a care home in Scotland?". The rules regarding eligibility while in a care home now depend on how your care is funded under the new Scottish system.

Quick Summary

For Scottish care home residents, the former Attendance Allowance has been replaced by the Pension Age Disability Payment (PADP). Your ability to claim PADP while in a care home depends on whether you are a self-funder or if your care is funded by your local authority. Self-funders can continue to receive the benefit, while those with local authority funding will have payments cease after 28 days.

Key Points

  • Attendance Allowance Replaced: In Scotland, the Attendance Allowance benefit has been replaced by the Pension Age Disability Payment (PADP) for those over State Pension age.

  • Local Authority Funding Affects PADP: If your care home fees are paid for by your local authority, your Pension Age Disability Payment will stop after 28 days.

  • Self-Funders Can Continue Claiming: If you are a self-funder and pay for all your care home costs, you can continue to receive the full Pension Age Disability Payment.

  • NHS-Funded Nursing Care (FNC) is an Exception: If you receive NHS-funded nursing care, this will not stop your PADP payments.

  • Benefits can be Used for Private Care: PADP is not means-tested and can be used to help cover private care costs if you are a self-funder.

  • Inform Social Security Scotland of Changes: It is crucial to inform Social Security Scotland of your move into a care home to ensure payments are correctly adjusted and to avoid overpayments.

In This Article

The Scottish System: An overview

In Scotland, social security is devolved, and the Pension Age Disability Payment (PADP) has replaced Attendance Allowance for those over State Pension age who need care. The rules for receiving this benefit while in a care home apply to PADP, not Attendance Allowance.

Pension Age Disability Payment (PADP) vs. Attendance Allowance

PADP supports people over State Pension age with a disability or illness that makes self-care difficult. Like Attendance Allowance, it's not means-tested. The key difference for Scottish care home residents is that PADP is the relevant benefit. Existing Attendance Allowance claimants in Scotland will be automatically transferred to PADP by Social Security Scotland.

Care Home Funding and Benefit Eligibility

Your eligibility for benefits like PADP while in a care home depends on who funds your care.

If Your Care is Funded by the Local Authority

If your local authority contributes to your care home fees, your PADP will stop after 28 days in the home. This is because local authority funding covers the personal care costs that the benefit addresses.

If You Are a Self-Funder

If you pay for all your care home costs yourself, without local authority funding, you remain eligible for the full PADP. The benefit helps with disability costs, and as you cover personal care, your entitlement continues.

What About NHS-Funded Nursing Care?

If you receive NHS-funded Nursing Care (FNC) in a nursing home, your Attendance Allowance or PADP payments will continue. This NHS contribution doesn't affect the disability benefit, as it's separate from local authority-funded personal care. However, if you receive NHS Continuing Healthcare, your disability benefit stops after 28 days.

Planning for a Care Home Move in Scotland

Moving to a care home in Scotland requires understanding how it impacts your disability benefit.

  • Inform authorities: Notify the relevant benefits office (DWP or Social Security Scotland) about your move to avoid overpayments.
  • Care needs assessment: A local authority assessment determines your care needs and who will contribute to costs.
  • Understand funding: The assessment clarifies if you'll be a self-funder or receive local authority aid, which is key to your benefit status.
  • Seek advice: Specialist financial advice is recommended for navigating complex care home funding.

Comparison of Attendance Allowance (Rest of UK) and PADP (Scotland)

Feature Attendance Allowance (England, Wales) Pension Age Disability Payment (Scotland)
Governing Body Department for Work and Pensions (DWP) Social Security Scotland
Care Home Funded by Local Authority Ceases after 28 days in care. Ceases after 28 days in care.
Care Home Self-Funded Continues throughout care home stay. Continues throughout care home stay.
NHS-Funded Nursing Care (FNC) Continues alongside Attendance Allowance. Continues alongside PADP.
NHS Continuing Healthcare (CHC) Ceases after 28 days of receiving CHC. Ceases after 28 days of receiving CHC.

Conclusion: The Final Answer on Attendance Allowance

In Scotland, Attendance Allowance is replaced by PADP. If your local authority fully funds your care home fees, your PADP stops after 28 days. If you self-fund, you continue to receive the benefit. This depends on who funds your personal care. For details on PADP, see official mygov.scot information.

Pension Age Disability Payment Information | mygov.scot

Frequently Asked Questions

In Scotland, the Pension Age Disability Payment (PADP) has replaced Attendance Allowance. All existing Attendance Allowance claimants who live in Scotland are being moved to the new Scottish benefit.

Yes. If your care home fees are paid for by your local authority, your Pension Age Disability Payment will stop after you have been in the care home for 28 days.

Yes. If you are a self-funder and pay for all your care home costs privately, you can continue to receive the Pension Age Disability Payment.

If you are in a nursing home and receive NHS-funded nursing care towards your fees, this will not affect your Pension Age Disability Payment. You can receive both.

No. The transfer from Attendance Allowance to Pension Age Disability Payment is managed by Social Security Scotland. You do not need to do anything if you are an existing Attendance Allowance claimant in Scotland.

No, like Attendance Allowance, the Pension Age Disability Payment is not means-tested. Your income and savings are not taken into account when assessing eligibility.

It is crucial to inform the relevant benefits office as soon as possible about your move. If you are receiving a benefit that should have stopped, you may have to repay any overpayments.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.