If you or a family member are resident in a nursing home you may be paying fees that the NHS should be meeting.
NHS Continuing Care is free care, regardless of your financial circumstances, if it can be established that the need for care is a primary health need. If you or your family member has significant physical or mental health needs and it can be established that the need is a primary need for health care rather than social care, then you or they may qualify for free care.
When the primary need of an individual is a health care need the responsibility to meet the funding is that of the NHS. This is even the case when the local authority has organised and made the placement. This is the basis of Continuing Care. If a person qualifies for continuing care all their needs will be paid for by the NHS and they will not have to pay any fees to the care home or local authority. There have been a number of widely publicised cases namely Coughlan and Grogan. The government have recently issued a set of criteria that all primary care trusts and strategic health authorities must follow when making assessments. These criteria are still being interpreted by the authorities resulting in a number of cases being reviewed and appealed. We have conducted a number of successful appeals and can advise patients and their families about the assessment and review procedure.
It is possible to claim a refund on care fees paid even after your relative’s death. We have assisted with a number of such claims and appeals and our team have the experience in this specialist area to advise you as to the strength of your claim and help your formulate your claim or appeal.
Please ask us if you would like to establish whether you are entitled to free care. Can you afford not to ?
