Claim Back Care Home Fees Before 30 September 2012

Many clients approach us with regards to care home costs.  They are usually either trying to protect their assets from local authority fees in the future or are dealing with the finances for an elderly relative and finding it hard to meet the hefty cost of paying for care.

For many, a hospital admission results in an assessment by social services.  At that point there should be a “needs assessment” carried out which would determine what requirements the person will need to assist them on their discharge from hospital.

If the needs assessment indicates that the person concerned requires residential care then a “financial assessment” will follow.  This takes into account the persons capital assets and income and decides whether the care home fees will be self-funded or funded by the local authority.

However, for some people the primary reason for admission to the care/nursing home is a medical need and if this is the case then that person may qualify for NHS paid continuing care.  This continuing care can take place in hospital, a residential home or the patients own home.

It is estimated that nearly 100,000 people in theUKshould qualify for NHS continuing care but have been incorrectly assessed, or had the funding unlawfully withdrawn, and have since paid their own care home fees.

The Department of Health has issued a new deadline of 30 September 2012 for people to claim back care home costs for the period between 1 April 2004 and 31 March 2011.  The claim can be made by the person receiving the care or their family and the ability to claim will remain even if the person has since passed away.

Once the deadline has passed, people will no longer be able to reclaim care home fees so if you think you or your family member have been wrongly charged for care now is the time to ask the primary care trust to reconsider their previous decision.

For care home fees advice or an initial consultation please call Kirsten Bradley, a Wills, Probate, Tax and Trusts Solicitor at Forbes Solicitors on freephone 0800 975 2463 or contact our Solicitors online today.

This entry was posted in Wills, Tax, Trusts and Probate.

9 responses to Claim Back Care Home Fees Before 30 September 2012

  1. Paul Kirfoot says:

    My father recently passed away and was a resident at the Adelphi Rest Home in Chorley Lancashire for approximately 5 years. Before he became a resident he lived alone in his own property but suffered from dementia and paranoia and after several spells in hospital on psychiatric wards it was recommended to him by his psychiatrist and a social worker that it would be better for him if he received 24 hour care at a retirement home. As a home owner with savings it was explained to him that in order to fund the care he would have to sell his house and along with his savings and state pension he would have to pay for his own care until his funds went below a set limit. I believe that the NHS would have a duty of care towards my father and because his total assets were less than £100,000 would it be possible to claim the care home fees back.

  2. graeme brodie says:

    my mother has dementia. Shes was in hopsital for 4 weeks in March 2012 after a fall at her home. The hospital pushed for her to go into a residential care home as they deemed her unfit to go back to her flat due to her dementia. Since she went into the home in April she has been paying £ 700 per week as she owns a flat and has savings. I’d like to understand if she is incorerectly having to pay care home fees. She was never assessed and because she has assets in excess of 23k I just assumed she had to fund the care herself. I am curently having to sell her flat to pay for her long term care.


  3. Kirsten Bradley says:

    Whenever anyone enters residential care, a “needs” assessment will be carried out. This will help determine whether their care should be provided by the NHS (the potential resident requires 24 hour nursing care and therefore falls under the Continuing Care regime which will be fully funded) or whether there is a social care need which is paid for by the person themselves or the local authority depending on the value of the persons assets

    If the assessment concludes that the potential resident has a social care need then a financial assessment will be carried out. If the potential resident has assets over £23,250.00 then they will be classed as self-funding.

    If a family believes that their family member has been incorrectly assessed and has funded or is funding their own care, then the starting point would be to look at the content of the needs assessment carried out on discharge from hospital. If the family have not seen a copy of the assessment, then ask the home for a copy. If it transpires that an assessment wasn’t carried out, the family can request this to be done immediately and have it back dated to the day the person entered the home.

  4. Mrs Suzanne Ellis says:

    My mother is 89yrs and was recommended for residential care in 2006 from hospital after several falls and was diagnosed with vascular damentia. After a year she was taken to hospital and residential home recommended that she go to a nursing home and has been there ever since. Meanwhile she has been in hospital a number of times and always sent back to recover in the home after treatment. She has parted with all her savings (60k) and 200k of her property. We are having problems now because when we run out of money the social have very kindly told us she would have to be access for a council home and would have to leave the environment she has known for 5 years. Her care fees are £1,361.00 per week less government funding nursing care of £108.70 which has risen in the last three years.
    People say these days I’m not buying a house or saving – or I will not be eligible for benefits and care fees. Some people get attendance allowance and they just put it in the bank because they are not being cared for.

  5. Stephanie Price says:

    my aunt died in June of 2010. My father and I were charged with care of her when my uncle died in the previous April. She was unable to care for herself and had dementia. Her case sounds remarkably like that of Ada Whittaker. She had not got any specific health conditions but could be agressive, confused and was prone to falls. She could not cook or clean for herself and would frequently urinate in her chair rather than visit the WC. We paid £40,000 out of her own money for her care.

  6. jason brand says:

    can you contact me asap about care home fees please

  7. Mrs G M London says:

    My mother Mrs Doris Ellen Hartley was in care privately funded for 6 years, the family home was sold to fund this. She died in 9th December2011.

  8. Keith Mitchell says:

    My mother died aged 97 on the 28.07.2012 in a care home she paid £12000 to stay there after being transferred from hospital in January 2012. Prior to that she lived at home where she paid a concsiderable ammount for home care services. Does her estate have a claim to recover these fees ?

  9. karen anders says:

    both my elderly grandparents were in residential care for the last 5 0r 6 years of their life in my grandmothers case from 2002 until 2009 until her death. she was in 5 or 6 homes over the years as some of these were substandard, in this time my grandmas entire life savings and the £60,000 sale price of her home was used for care fees. My sister and i were power of attorney to our grandparents as my father died in 1990 and i have reciepts for all hers and my grandfathers care fees. Ihave only just read we may be able to claim some of these back. Advice would be appreciatted .

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