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Pip and section 17 leave
- Francesca
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3 years 8 months ago #262547 by Francesca
Pip and section 17 leave was created by Francesca
Hello
My son was sectioned on mid March this year under a section 2 and then 3.
He was on enhanced PIP for both, which was suspended.
On Monday he will be going on what they are calling section 17 leave to a supported living flat with two carers 24/7 and his social worker has said that my son wants me to continue to be his appointee so they have decided on a budget for him of £120 a week that I will pay out of the esa he still gets.
She also asked me to let pip know to get it reinstated but I thought you couldn't get pip whilst being on section.
They are saying that the stay will be leave and not a tenancy, so he is still officially living with me, although he isn't here obviously.
I just wanted to ask how his situation would be regarding his pip, as I'm told the dwp will be the last person to be able to advise.
My son was sectioned on mid March this year under a section 2 and then 3.
He was on enhanced PIP for both, which was suspended.
On Monday he will be going on what they are calling section 17 leave to a supported living flat with two carers 24/7 and his social worker has said that my son wants me to continue to be his appointee so they have decided on a budget for him of £120 a week that I will pay out of the esa he still gets.
She also asked me to let pip know to get it reinstated but I thought you couldn't get pip whilst being on section.
They are saying that the stay will be leave and not a tenancy, so he is still officially living with me, although he isn't here obviously.
I just wanted to ask how his situation would be regarding his pip, as I'm told the dwp will be the last person to be able to advise.
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- Catherine
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3 years 8 months ago #262591 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Pip and section 17 leave
Hello Francesca,
I cannot find any guidance anywhere which is specific to a section 17. I suspect that this may be because people can live in a variety of places whilst under one.
The basic rule is that the government do not want to be paying twice for someone’s care – so if you are in hospital or a care home and that is being funded by government funds then you can lose PIP (and there is a whole set of rules around that). If however, for example, you were to go into a private hospital, and pay all the fees yourself, then you would not lose your PIP.
So the question in your son’s case is who is paying for his accommodation and care. That can get quite technical, so if I were you I would simply follow his social worker’s advice, who no doubt knows these matters in his particular circumstances and has possibly helped people in the same situation before. Although you say in your post that the DWP will be the last person to be able to advise, they are the people who ultimately decide whether or not it is payable.
But a section in itself does not mean that PIP is not payable. If for example he was spending his section 17 leave living with you, then there would be no issue of him not being entitled to his PIP.
And finally, just wanted to have a little celebration with you that he has reached this stage!
Catherine
I cannot find any guidance anywhere which is specific to a section 17. I suspect that this may be because people can live in a variety of places whilst under one.
The basic rule is that the government do not want to be paying twice for someone’s care – so if you are in hospital or a care home and that is being funded by government funds then you can lose PIP (and there is a whole set of rules around that). If however, for example, you were to go into a private hospital, and pay all the fees yourself, then you would not lose your PIP.
So the question in your son’s case is who is paying for his accommodation and care. That can get quite technical, so if I were you I would simply follow his social worker’s advice, who no doubt knows these matters in his particular circumstances and has possibly helped people in the same situation before. Although you say in your post that the DWP will be the last person to be able to advise, they are the people who ultimately decide whether or not it is payable.
But a section in itself does not mean that PIP is not payable. If for example he was spending his section 17 leave living with you, then there would be no issue of him not being entitled to his PIP.
And finally, just wanted to have a little celebration with you that he has reached this stage!
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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