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Refused PIP because of sheltered living?

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8 years 10 months ago #134784 by aeris2001x2
Refused PIP because of sheltered living? was created by aeris2001x2
Hello. Firstly thank you to the site creators and community for being a massive help. I have used the guides from the members area to get my Mum PIP and ESA. Thanks so much.

I am writing regarding my Brother who has received his PIP decision but I think it is wrong. He has autism, learning difficulties, depression and a personality disorder. He was awarded PIP at the standard rate of care, but only back paid 28 days worth and refused further payment because they say he lives in 'sheltered accommodation'. I think this is wrong.

I have looked at the guides and online and sheltered living seems to refer to elderly or disabled people either in a care home or living semi- independently in a community of similar people, with a warden on site etc. This is not my brothers situation. He lives in what I would class as 'supported living'. My brother is 23 years old. It is basically a home in a hostel/housing association for homeless young people with shared kitchen and bathroom facilities. He has a key worker but aside from that he is left to his own devices.

I can't get a clear answer whether supported living counts as sheltered housing under the law for PIP. I know he used to receive DLA with no problems before in the young persons hostel system. Also online I have been on several sites such as the Downs syndrome charity site. They all suggest that you can get PIP no problem with supported living. There are no other questions from others appearing in Google about whether supported living comes under sheltered living.

So Please, does anyone know whether the law classes supported and sheltered as the same? Or has the decision maker made a mistake or tried to pull a fast one? Do you think its worth going to the CAB about this before requesting a mandatory reconsideration?

Thank you for taking the time to read this long post. Thank you.

Daniel

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8 years 10 months ago #134797 by Gordon
Replied by Gordon on topic Refused PIP because of sheltered living?
Daniel

I doubt that it has anything to do with whether it is "supported" or "sheltered" living, but how his accommodation is paid for, if it is funded by the NHS or the Local Authority then the PIP is not payable, it he self funds then it should be.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 6 months ago #197345 by comind
Replied by comind on topic Refused PIP because of sheltered living?
Hi Daniel

I don't know if you have a satisfactory answer to your question yet, but if not, this might help:
I work for a charity that provides supported housing for people with severe mental health problems and they are allowed PIP. Their Housing costs are paid for through the local council's Housing Benefit and their support costs are also paid for by Housing Benefit. The circumstances of our tenants/residents sound the same as your brother's. They are classed as having support rather than care.

If your brother is funded through Housing Benefit rather Social Services or the NHS, then this should not affect his entitlement to PIP. I hope this helps.

Helga
The following user(s) said Thank You: davis

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