HC Deb 09 May 1995 vol 259 cc391-2W
Mr. Kirkwood

To ask the Secretary of State for Social Security if he will make a statement on departmental policy, or performance targets relating to benefit payments made to claimants who are patients detained under the Mental Health Acts and on leave of absence from hospital with particular reference to whether they are entitled to receive full entitlement to state benefits as soon as they leave hospital; what reassessment they undergo on leaving hospital; who is responsible for informing his Department that a patient so detained is on leave of absence from hospital; what reductions are made to the level of state benefits of patients so detained; and whether detained patients allowed leave of absence from hospital for rehabilitation receive lower benefits than the level to which they had been entitled before they were detained. [22131]

Mr. Hague

With the exception of people transferred to hospital from prison while still under sentence, people detained in hospitals under the Mental Health Acts are treated in the same way as any other person in hospital. The effect of a period in hospital on the main benefits likely to be in payment to a patient are detailed in the table. Provided that the person still satisfies the conditions of entitlement, benefits are normally restored in full when a person leaves hospital—whether on leave or permanently. No other re-assessment is needed unless the person's general circumstances have changed.

It is the responsibility of the individual to tell the Department when he leaves hospital.

Weeks
4 Attendance allowance and disability living allowance (care component) withdrawn.
Severe disability premium in income support withdrawn.
6 Retirement pension, widow's benefit, incapacity benefit, severe disablement allowance reduced by £11.75 for a person with a dependant, or £23.50 for a person without a department.
Income support reduced to £14.70 for a single person and by £11.75 where the patient is one of a couple.
52 Retirement pension, widow's benefit, incapacity benefit, severe disablement allowance reduced by £11.75 for a person with a dependant and reduced to £11.75 for a person without a dependant.
Income support reduced to £11.75. Members of a couple must make separate claims.

Note:

Periods in hospital punctuated by periods of leave of four weeks or less are aggregated.