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Linked Periods in care homes and hospitals
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 fewer than 28 days between them can be linked together in this way (Scottish Adult DLA regs, reg. 22(3) and 23(3) ). For the rules relating to legal detention, please see Linked Periods in Legal Detention section.
When an individual takes a temporary period of leave shorter than 28 days, their entitlement to be paid Scottish Adult DLA will stop when they return to a care home or hospital. 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 or hospital, the two periods are not linked and they will be paid Scottish Adult DLA for the first 28 days of their stay (Scottish Adult DLA regs, reg. 22(3) and 23(3)).
Example: linked periods that have an effect on payment
Andrew ordinarily lives at home but has periodic stays in respite care, which meets the definition of a care home. His award was transferred to Scottish Adult DLA six months ago.
Andrew entered respite care on 1 April and left 19 April. The day he entered the care home and the day he leaves are not taken into account, so this period of residence is 17 days.
Andrew is at home from 19 April and enters the care home again on 5 May. The day he left and the day he returned to the care home are not counted as days in the care home so the period he was living at home is 17 days. From 5 May, Andrew resides in the care home until returning home on 18 May. Neither 5 May or 18 May are included in the calculation, so the period Andrew was residing in the care home for is 12 days.
As there are fewer than 28 days between the two periods during which Andrew is in respite care, they are linked to form one 29 day period.
Andrew will therefore receive care component of Scottish Adult DLA for the first 28 days of his stay but will not be paid for day 29.
Example: linked periods that have no effect on payment
Sylvia has been entitled to Scottish Adult DLA for 3 years. They regularly spend short periods of time in hospital and live in their own home with their husband the rest of the time. Over the period of 3 months, Sylvia’s routine is:
- residing in hospital: 1 October to 7 October. This period of residence is 5 days.
- living at home: 7 October to 2 November. This period living at home is 27 days.
- residing in hospital: 2 November to 10 November. This period of residence is 7 days.
There are only 27 days between the 5 day period and the 7 day period residing in hospital. These two periods are linked to form one 12 day period.
Sylvia is entitled to Scottish Adult DLA for this 12-day period. Sylvia then stays at home from 10 November to 11 December. As this is more than 28 days the clock is re-set. Therefore, the 12 days of residence in hospital are not taken into consideration in calculating any future length of stay at the hospital. If there are any future stays, Sylvia would be entitled to receive Scottish Adult DLA for 28 days all over again.