If you or a relative are in a nursing home due to physical or mental health needs, you could be entitled to reclaim fees you’ve paid in the past – fees that should have been funded by the NHS.
When you or a family member go into nursing or residential care, the care fees can be funded by Care Home fee contributions. To qualify for these, a patient must meet the requirements of the Continuing Health Care (CHC) scheme and must effectively enter the care home because they have a Primary Health need (that is, either a serious health or mental health need). Unfortunately those patients that go into a care home for social reasons will not qualify for assistance under the CHC scheme.
However, in many cases the Clinical Commissioning Groups (CCG’s were formerly known as Primary Care Trusts) incorrectly interpret the rules or fail to undertake an assessment under the CHC scheme; as a result, thousands of families across the UK have been wrongly denied the Care Home Fee contributions. As a consequence, if you are paying your own care fees, even if you have previously been turned down for funding, you may still be eligible.
Following a ruling by the Court of Appeal and Health Services Ombudsman, many of the criteria which were used for assessing whether care home fees should be paid by the NHS have been found not to meet legal requirements. As a result, if you or a family member have been paying for care, you may be eligible to receive back the money you have paid.
Also, if you or a family member are now on the receiving end of a claim from Social Services for payment of care fees, we may be able to help you defend that claim.
The solicitors in our Private Client team have the skill and understanding to guide and support you throughout the assessment and decision making process. Initial analysis is free and from this we can determine whether or not eligibility is likely.
We may also be able to fund your claim on a “no win no fee” basis – this will be discussed with you at the time of your initial appointment.
Contact Edward Foster on the details provided in the sidebar today to see if you are or a relative are eligible for NHS Continuing Healthcare and reimbursement of care home fees.