Linked periods
When calculating the length of stay in care homes and hospitals, individual periods shorter than 28 days can be added together to form one 28 day period. However, only periods with 28 days or less between them can be linked together in this way (ADP regs, Regs,27(3)& 28(3)).
When an individual takes a temporary period of leave shorter than 28 days, their entitlement to be paid the daily living component will stop when they return to a care home. If an individual is over 18 and discharged for shorter than 28 days and then re-admitted to a hospital, an individual’s entitlement to be paid the daily living and mobility components will stop. This is because a temporary period of leave of 28 days or fewer does not break any linked periods.
However, if the individual takes a period of leave or is discharged for 29 days or more before returning to a care home, the two periods are not linked. In these circumstances, the individual would be paid the daily living component for the first 28 days of their stay in a care home, but any entitlement to payment of the mobility component would be unaffected.
If the individual takes a period of leave or is discharged for 29 days or more before returning to a hospital, the two periods are not linked. In these circumstances, the individual over 18 will have any payment of either component stopped after 28 days. However there will be no affect to payments for anyone entering hospital before their 18th birthday (ADP regs, Regs.27(3)& 28(3)).
Example: linked periods that have an effect on payment
Anika who is 20 years old usually lives at home but has periodic stays in respite care, which meets the definition of a care home. She started receiving the standard rate of the ADP daily living component eight months ago.
Anika entered respite care on 1 April and left on 19 April. The day she entered the care home and the day she leaves are not taken into account, so this period of residence is 17 days.
Anika is at home from 19 April and enters respite again on 5 May. The day she left and the day she returned to respite are counted as days of leave, so the period Anika was living at home is 17 days.
From 5 May Anika resides in respite care until returning home on 18 May. Neither 5 May nor 18 May are included in the calculation so the period Anika was residing in the care home for is 12 days.
As there are no more than 28 days between the two periods during which Anika is in respite care, they are linked to form one 29 day period.
She will therefore receive the daily living component for the first 28 days of her stay but will not be paid for day 29.
Example: linked periods that have no effect on payment
Jorge has been entitled to the daily living component of ADP for 6 months. He regularly spend short periods of time living in the accommodation provided by his school and lives in his own home the rest of the time. Over the period of 3 months, Jorge’s routine is:
- residing at school: 1 August to 12 August. This period of residence is 10 days.
- living at home: 12 August to 7 September. This period living at home is 27 days.
- residing at school: 7 September to 17 September. This period of residence is 9 days.
There are only 27 days between the 10 day period and the 9 day period residing at school. These two periods are linked to form one 19-day period. Jorge is entitled to the daily living component for this 19-day period.
Jorge then stays at home from 17 September to 24 October. As this is more than 28 days the clock is re-set. Therefore, the 19 days of residence at his school is not taken into consideration in calculating any future length of stay at the school. If there are any future stays, Jorge would be entitled to receive ADP for 28 days all over again.