Hello, I hope someone can put us right on this please?

Mum is now in care home permanently. We know about Attendance Allowance for dad as the local authority (welfare rights) have taken over making an application for him. What we are confused about is mum's DLA. She gets both components at the higher rate and has done since the early 90's. She always exchanges the mobility element for a Motability car. She obtained a new one some 5 months ago. The car is our dad's lifeline (mum can't drive as she has never passed a driving test) due to the complete lack of local shops/bank/post office and public transport etc. He has to drive 9 miles to the nearest town if he wants anything plus he has to drive 17 miles in the other direction when he wants to visit mum which is every day for obvious reasons. He also uses the car to take mum out when she is up to it.

There still is the fact that dad may have to leave the family home (long story as posted in another thread) at sometime in the future if the council get their way. If that happens he wants to stay local which will mean a huge rent bill (he doesn't have much in the way of savings). If he can't afford the rent, then he will have to move out of the area which will add more distance to his travels.

Now that mum is no longer at home what happens to her DLA and especially for dad, what happens to the car they have? Does he have to go out and buy one privately? If so, he would want the equivalent vehicle (not a small city car) which will set him back just over £25,000. He wouldn't be interested in a second hand vehicle as in his words ' you don't know how it has been looked after'.

It would be for the best that he can keep the Motability one as it doesn't mean having to use any of his savings.

1. You need to inform DWP/DLA that mum is in a care home as this will be classed as a Change in Circumstances.

2. Motability Vehicle - The actual Motability Agreement will be with your mum as she was the Higher rate holder and your father would have been added as an Additional Driver Only for the vehicle, therefore the Agreement for the car is with your mum. You need to inform Motability that your mum is in a care home (as its a change in circumstances) and the decision is theirs on whether your father can still use the car.

Importantly remember the Motability Agreement is with your Mum who is the DLA Higher Rate Holder and not your Father who is only an Additional Driver for the Vehicle and Insurance for driving the vehicle.

is there not a possibility thar DLAm would end if mother is in care home? therefore car might have to be given back?

If you have a car under the MOTABILITY SCHEME as long as the driver lives within 5 miles or so of the hirer they can still use the car to provide the needs of the hirer.

But if there are as in this case a permenant move in to a residential care home the amount of benefits COULD change, but you may or should still get the mobility side of this benefit.

The ability to walk will not have changed, but the DWP need to be notified see here https://www.gov.uk/dla-disability-living-allowance-benefit/how-to-claim

I have attached a copy of the T&C's for you to view just n case you dont have the booklet to hand

It may help you to under stand more about DLA and what you need/can still get/do see the link below to see if that information is of any use to you

http://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/disability-living-allowance

is there not a possibility thar DLAm would end if mother is in care home? therefore car might have to be given back?

No. This was proposed. But there was (as I mentioned above) a huge uproar over this and the Government backed down and decided to allow people in care homes to keep their mobility allowance.