Recovering care fees

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Sadly it is not unusual for the complex care fee rules to be incorrectly applied by the institutions responsible for their administration. There are many circumstances in which recovery of care costs paid and the securing of future funding can be achieved.

Continuing Healthcare (NHS funding)

NHS continuing healthcare is the name given to a package of care that is arranged and funded solely by the NHS for individuals who are not in hospital but have a “primary health need”. NHS continuing healthcare is free, unlike social and community care services provided by local authorities for which you may be charged depending on your income and savings.

We have dealt with many examples of people being overlooked for NHS continuing healthcare and the financial implications, and the consequent effect on quality of life, can be significant. We can assist you in obtaining an assessment, representing you at the assessment meetings and challenging unfavourable decisions. Anyone paying their own care fees, acting as an attorney for someone paying their own fees or as an executor of an estate which has been depleted by care fees must consider whether this method of funding is appropriate. A failure by an attorney or executor to do so could lead to a claim against them for failing to safeguard the assets of the estate.

Aftercare (Mental Health Act funding)

Section 117 “aftercare” funding imposes a duty on the NHS and local authorities to provide aftercare services to certain patients who have been detained under the Mental Health Act. The duty to provide these services is non-means tested and continues until both the NHS and local authority have agreed that the patient no longer requires any services. As such, if any part of the original care plan remains in place then the person still has aftercare needs and funding should remain available. It is surprising how often the funding is withdrawn incorrectly.

Incorrect means assessment

The rules relating to local authority means assessments are complex. The primary document containing the rules, and to which local authorities refer, runs to over 506 pages. It is not unusual for the rules to be misinterpreted and for assets to be taken into account when they should not be, or at the wrong value. In particular properties occupied by some dependent relatives, certain investments and jointly owned property are areas of common error. We have many years of experience in challenging local authority assessments and we can advise you in relation to any errors and seek recovery of incorrectly charged fees.