Welfare State Benefits while in Hospital

What is a day in hospital?

For disability living allowance (DLA) and attendance allowance (AA) both the day you are admitted and the day you are discharged count as days out of hospital.

For all other benefits the day you are admitted is treated as a day out of hospital and the day you are discharged is treated as a day in hospital.

How you benefits are affected

A stay in hospital affects your benefit in the following ways:

attendance allowance (AA)

Stops after 4 weeks.

If you claim AA when you are already in hospital, it cannot be paid until you leave.

bereavement allowance

Not affected.

carer's allowance (CA)

If you go into hospital your CA will stop after 12 weeks.

If the person you are caring for goes into hospital your CA will stop when their attendance allowance (AA) or disability living allowance (DLA) care component stops.

child benefit

Child benefit is paid for the first 12 weeks if your child or a child you care for goes into hospital.

After 12 weeks you can continue to get these benefits for a child in hospital only if you are regularly spending money on the child’s behalf (eg on clothing, pocket money, magazines).

If you continue to get child benefit you will continue to get any child dependant’s addition that may still be payable with other benefits (such as incapacity benefit), otherwise this will also end.

If you or your partner are in hospital, child benefit normally continues to be paid.

child tax credit

Child tax credit is not affected but if you are claiming working tax credit (WTC) and you cease to be treated as employed because of a stay in hospital you would no longer qualify for WTC, which may affect the level of your award.

Inform HM Revenue & Customs of your change of circumstances to avoid unnecessary underpayment or overpayment.

council tax benefit (CTB)

This is paid for an indefinite period as long as the other conditions of entitlement are met. Certain premiums and costs are affected:

• Your severe disability premium will stop after four weeks if you are in hospital and you lose the care component of your disability living allowance or your attendance allowance. If you have a partner who is not in hospital and who also qualifies for the severe disability premium, he or she will continue to receive it.
• If you are a carer and your carer’s allowance (CA) stops your carer premium will stop after 8 weeks.
• Once you have been in hospital for a continuous period of 52 weeks, if you have no dependants living in your home, you can no longer receive CTB. If you have dependants or other people living in your home, their right to benefit depends on their own circumstances. If you are one of a couple and have been in hospital for 52 weeks, you and your partner are treated as separate claimants.

disability living allowance (DLA)

adults

Stops after 4 weeks.

If you have a Motability agreement in force when you go into hospital, DLA mobility component continues to be paid to Motability for the full term of the agreement. Any balance that would otherwise be paid to you stops after 28 days.

You cannot begin or renew a Motability agreement while you are in hospital. An exception allows the renewal of agreements under the Motability wheelchair scheme provided the new agreement is entered into the day after the old one ends. Note that the mobility component will be paid if you renew a Motability agreement during a temporary absence from hospital.

If you claim DLA when you are already in hospital, it cannot be paid until you leave.

children

Stops after 12 weeks.

If there is a Motability agreement in force, the mobility component continues to be paid to Motability for the full term of the agreement.

employment and support allowance (ESA)

This is paid for an indefinite period as long as the other conditions of entitlement are met. If you are getting income-related ESA certain premiums and costs are affected:

• Your severe disability premium will stop after four weeks if you are in hospital and you lose the care component of your disability living allowance or your attendance allowance. If you have a partner who is not in hospital and who also qualifies for the severe disability premium, he or she will continue to receive it.
• If you are a carer and your carer’s allowance (CA) award stops your carer premium will stop after 8 weeks.
• After 52 weeks you will lose the enhanced disability premium unless you have a partner who satisfies the conditions for the premium themselves.
• Once you have been in hospital for a continuous period of 52 weeks, if you have no dependants living in your home, you can no longer receive ESA housing costs. If you have dependants or other people living in your home, their right to benefit depends on their own circumstances. If you are one of a couple and have been in hospital for 52 weeks, you and your partner are treated as separate claimants.

ESA can continue to be paid during a temporary absence abroad for the purpose of receiving NHS hospital treatment.

guardian's allowance

Guardian’s allowance is paid for the first 12 weeks if your child or a child you care for goes into hospital.

After 12 weeks you can continue to get these benefits for a child in hospital only if you are regularly spending money on the child’s behalf (eg on clothing, pocket money, magazines).

housing benefit

This is paid for an indefinite period as long as the other conditions of entitlement are met. Certain premiums and costs are affected:

• Your severe disability premium will stop after four weeks if you are in hospital and you lose the care component of your disability living allowance or your attendance allowance. If you have a partner who is not in hospital and who also qualifies for the severe disability premium, he or she will continue to receive it.
• If you are a carer and your carer’s allowance (CA) stops your carer premium will stop after 8 weeks.
• Once you have been in hospital for a continuous period of 52 weeks, if you have no dependants living in your home, you can no longer receive housing benefit. If you have dependants or other people living in your home, their right to benefit depends on their own circumstances. If you are one of a couple and have been in hospital for 52 weeks, you and your partner are treated as separate claimants.

incapacity benefit

Paid as long as you continue to satisfy the other conditions of entitlement.

income support

This is paid for an indefinite period as long as the other conditions of entitlement are met. Certain premiums and costs are affected:

• Your severe disability premium will stop after four weeks if you are in hospital and you lose the care component of your disability living allowance or your attendance allowance. If you have a partner who is not in hospital and who also qualifies for the severe disability premium, he or she will continue to receive it.
• If you are a carer and your carer’s allowance (CA) stops your carer premium will stop after 8 weeks.
• After 52 weeks you will lose the disability premium, enhanced disability premium and higher pensioner premium unless you have a partner who satisfies the conditions for the premium themselves.
• Once you have been in hospital for a continuous period of 52 weeks, if you have no dependants living in your home, you can no longer receive IS housing costs. If you have dependants or other people living in your home, their right to benefit depends on their own circumstances. If you are one of a couple and have been in hospital for 52 weeks, you and your partner are treated as separate claimants.

IS can continue to be paid during a temporary absence abroad for the purpose of receiving NHS hospital treatment.

industrial injuries benefits

Constant attendance allowance stops after 4 weeks. Other benefits are not affected.

jobseeker's allowance

You cannot normally claim Jobseeker’s Allowance (JSA) while you are in hospital because you will not be deemed capable of work or able to satisfy the labour market conditions.

However, if you are already receiving JSA when you go into hospital, you can be treated as being capable of, available for, and actively seeking work for up to 2 weeks. You can do this twice within any 12 months of the same job seeking period.

You may also be able to claim claim incapacity benefit or income support instead.

JSA can continue to be paid during a temporary absence abroad for the purpose of receiving NHS hospital treatment.

maternity allowance

Not affected.

motability

If you have a Motability agreement in force when you go into hospital, DLA mobility component continues to be paid to Motability for the full term of the agreement. Any balance that would otherwise be paid to you stops after 28 days.

You cannot begin or renew a Motability agreement while you are in hospital. An exception allows the renewal of agreements under the Motability wheelchair scheme provided the new agreement is entered into the day after the old one ends. Note that the mobility component will be paid if you renew a Motability agreement during a temporary absence from hospital.

pension credit

This is paid for an indefinite period as long as the other conditions of entitlement are met. Certain premiums and costs are affected:

• Your severe disability addition will stop after four weeks if you are in hospital and you lose the care component of your disability living allowance or your attendance allowance. If you have a partner who is not in hospital and who also qualifies for the severe disability addition, he or she will continue to receive it.
• If you are a carer and your carer’s allowance (CA) stops your carer addition will stop after 8 weeks.
• Once you have been in hospital for a continuous period of 52 weeks, if you have no dependants living in your home, you can no longer receive PC housing costs. If you have dependants or other people living in your home, their right to benefit depends on their own circumstances. If you are one of a couple and have been in hospital for 52 weeks, you and your partner are treated as separate claimants.

retirement pension 

Not affected.

severe disablement allowance

Paid as long as you continue to satisfy the other conditions of entitlement.

statutory adoption pay

Not affected.

statutory maternity pay

Not affected.

statutory paternity pay

Not affected.

statutory sick pay

Not affected.

war pensions

This may be increased when you go into hospital, if the treatment is for the war injury.

Constant attendance allowance and war pensioners’ severe disablement occupational Allowance stop after 4 weeks.

widowed parents allowance

Not affected.

working tax credit

Working tax credit (WTC) is not automatically affected by a stay in hospital. However, if you cease to be treated as employed because of a stay in hospital you would no longer qualify for WTC, and if your other income changes this may affect the level of your award.

Inform HM Revenue & Customs of your change of circumstances to avoid unnecessary underpayment or overpayment.

WHERE CAN I GET HELP?

You should seek further advice if you want to challenge a decision about your benefit. You can get help with your appeal at a local advice centre, such as a citizen's advice bureau. You can get more information about this from our factsheet F16, Finding a local advice centre, which is available at www.cara-online.org

Central Africa’s Rights & AIDS (CARA) Society has also published Benefit appeals - A guide to benefit appeals for advisers and disabled people. This guide helps you prepare for an appeal tribunal and will increase your chances of success at the hearing. It takes you through all the stages of the benefit decision-making process from the moment you receive an unsatisfactory decision through to the tribunal hearing.

It is available to have a look at it on our website at www.cara-online.org or by contacting Central Africa’s Rights & AIDS (CARA) Society on Tel: +44(0)20 7254 6415(voice and minicom) - Mob.:+44(0)7956 95 26 45 - Fax: +44(0)872 115 8436 - Email: caraas@hotmail.com

Updated July 2009