Disability benefit suspensions during extended hospital stays penalise the most vulnerable, say critics
Tens of thousands of disabled people have had their benefits stopped during extended hospital stays under a rule which charities say penalises the most vulnerable.
It comes after a court case was withdrawn which had been set to challenge the lawfulness of the so-called "hospitalisation rule" through an application for judicial review.
Under this rule, a person's entitlement to the disability benefit personal independence payment (PIP) is suspended if they have received care in a hospital or a similar institution for 28 days or more.
The government says while somebody is receiving long-term NHS care, it does not pay the benefit in order to stop the taxpayer from paying double.
The BBC Shared Data Unit – which shares content with local media – analysed figures released under the Freedom of Information Act over the past three years.
In South Kesteven, there were 70 suspensions from 5,329 PIP cases in the district in 2022, a rise from 40 and 50 suspensions in 2020 and 2021 respectively. Although there were 1,092 fewer PIP cases in South Kesteven in 2020 than there are now.
Comparatively, the number of suspensions in North Kesteven rose from 70 to 110 between 2020 and 2022, with the total PIP cases in the district rising from 3,907 to 4,720 in that period.
In South Holland, there were 50 suspensions in 2020, rising by 10 in 2021 and remaining at 60 in 2022, despite a rise of 421 PIP claimants in the area since 2021.
Nationally, the total number of people who had disability benefit paused while in hospital has increased from 30,860 in 2020, to 45,850 in 2022 and the highest numbers of suspensions were for people with mental health conditions.
Affected families said the financial help is needed to help care for their disabled relatives in hospital, when extra expenses are incurred.
Critics say the so-called hospitalisation rule particularly affects people with profound and multiple learning disabilities (PMLD) who are more likely to have lengthy hospital stays.
Learning disability charity Mencap's head of policy, Dan Scorer, said people with PMLD were "more likely to fall foul of the 28-day rule".
The loss of financial support could have a detrimental impact on the ability of family members and carers to continue their support, he said.
Concerns were also raised by Jonathan Beebee, the Royal College of Nursing professional lead for learning disability nursing.
He said: “People with profound and multiple learning disabilities often have complex unique communication needs. They often rely on close relations with people who know them well to understand and interpret what they are expressing.
“These communication needs cannot be replaced by hospital staff when they are admitted to hospital, and their carers cannot stop caring. If they do their needs will likely be neglected."
The head of campaigns at charity Rethink Mental Illness said it is "troubling that a significant proportion of people impacted by the hospitalisation rule are severely affected by mental illness".
Alex Kennedy added: “Changes in benefit arrangements can trigger significant stress and worry at a time when people should be supported to focus on improving their health, and this policy risks exacerbating the pressures people are under during this cost of living crisis.
"It's vital that the DWP communicates clearly to anyone impacted by this rule. This includes carers, who may still need their allowance while their loved one is in hospital."
The Department for Work and Pensions (DWP) said this "long-standing rule" was "to avoid double provision from public funds".
It said it had not found any evidence suggesting people with PMLD were disproportionately impacted.
The department maintained that because of rising numbers of people receiving PIP, suspensions "still formed a very small proportion of the overall PIP caseload".
A spokesperson said the DWP was "committed to ensuring that disabled people get all the support to which they were entitled".
