What is NHS Continuing Healthcare and can I reclaim care home fees?

Here is our 10 point guide to Continuing Healthcare and how to reclaim care home fees.

There continues to be a great deal of uncertainty about care home fees and the way NHS Continuing Healthcare funding works. Matters are made worse by the fact that NHS Continuing Healthcare assessments are frequently carried out incorrectly. This leads to people being wrongly charged for care, some losing their entire life savings as a result. Families going through the NHS Continuing Healthcare assessment process or the appeals procedure therefore need to be familiar with the principles governing funding.

If you feel that you may be entitled to reclaim care home fees then please contact our free legal helpline or for a free case assessment complete our dedicated Continuing Healthcare Questionnaire. In the meantime, here is a brief 10 point summary of the facts about NHS Continuing Healthcare and when funding is likely to be available:

1. Eligibility for NHS funding is based on the extent of your day-to-day care needs and risks.
2. Funding is not means tested. So, if you are eligible for Continuing Healthcare funding then you do not have to pay for your care even if you have savings, a house or other assets.
3. NHS funding is not capped.
4. NHS Continuing Healthcare is not limited purely to end of life care.
5. There is no requirement for care to be provided by a particular person, such as a District Nurse.
6. You do not have to be in a nursing home to be eligible for NHS Continuing Healthcare. Funding can be available where you are in a residential home or in your own home.
7. You will be eligible for NHS funding even if your current care home or care provider is managing your care well.
8. NHS funding is available even when you require care that can be described as ‘routine’.
9. There is no specific diagnosis required for NHS Continuing Healthcare to be available. Nor do you need to be suffering any particular condition. Funding is based on an assessment of your particular care needs and risks.
10. NHS Continuing Healthcare is reviewed after three months but should remain in place if the underlying care needs continue. To challenge a funding decision it is helpful to be familiar with the National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. You also need to read the Checklist and the Decision Support Tool documents.

If you or a loved one require legal support to reclaim care home fees then we shall be happy to assist.
We operate a FREE legal helpline. Call us on 0808 139 1606 and speak in confidence with one of our Continuing Healthcare lawyers. Alternatively we will assess the merits of your claim free of charge if you complete our dedicated questionnaire.

Lee Dawkins

Lee Dawkins

Lee Dawkins is the firm's marketing partner. Over the past 30 years he has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up a flourishing specialist department and established Slee Blackwell as a force within claimant professional negligence.
Lee Dawkins

Lee Dawkins

Lee Dawkins is the firm's marketing partner. Over the past 30 years he has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up a flourishing specialist department and established Slee Blackwell as a force within claimant professional negligence.

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Call the Slee Blackwell helpline on 0808 139 1606