Care Home Fees Advice

What you need to know about care home fees

The care home system is complex and making arrangements to fund the cost of long term care, whether you're living in a care home or paying for carers to look after you at home can be bewildering and confusing. There are various sources of funding available from the NHS and Local Authority. There are also state benefits such as Attendance Allowance, Disability Living Allowance and the new Personal Independence Payment.

Am I entitled to claim NHS Continuing Healthcare?

Many people are paying care fees that should be paid for by the NHS.

Claim back care home fees

Fully funded NHS Continuing Healthcare is payable to anyone over the age of 18 who is being cared for outside of hospital and whose main need is health related.

The care can be provided in any setting and you do not have to be living in a nursing home to receive help.

The most important thing about NHS Continuing Healthcare is that it is free and can be paid regardless of your financial circumstances and this is therefore a very valuable source of funding if you're faced with the prospect of having to sell your home to pay care home costs.

If you are eligible for fully funded NHS Continuing Healthcare then the full cost of your care home fees may be met by the NHS.

It is the responsibility of your local 'Clinical Commissioning Group', to assess whether you're eligible. Clinical Commissioning Groups replaced the former Primary Care Trusts following the recent reorganisation of the NHS.

You can claim for refunds of fees you've already paid for in certain circumstances, but time limits apply.

Who can claim for NHS Continuing Healthcare?

The claim should be made by the person who needs the care, or their appointed representative where someone is unable to manage their own affairs.

If the person who required care has passed away, claims can also be made on behalf of their estate by the estate's personal representative.

If necessary we're able to make arrangements to obtain legal authority for family members to assist in bringing a claim.

Local Authority Funding and State Benefits

Even if you're not eligible for NHS Continuing Healthcare we may still be able to help you access funding from your Local Authority or the Department for Work and Pensions (DWP). You should consider the following:

  • If you have capital assets of less than £23,250, the Local Authority may help with fees
  • The value of your property or part of it can be ignored in this calculation in certain circumstances
  • If you don't want to sell your home, you may be able to enter into a 'deferred payment' scheme, where the fees don't need to be paid during your lifetime or until you leave care
  • Where one of a couple has to go into a home, you need to make sure that the remaining spouse is provided for financially

You should also:

  • Check whether you're entitled to certain welfare benefits from the DWP
  • Check the terms of the care home contract
  • Consider whether a third party needs to pay towards care costs

What can we do for you?

We offer free initial advice and a variety of funding arrangements including "no win, no fee"

What else can you do for me?

Making provision for meeting the costs of long term care is important. This is why we have a team of independent financial advisers, who are able to assist on a wide range of matters, including:

  • Planning, saving and investing for future care costs
  • Retirement planning
  • Pensions
  • Tax
  • Investments

Our private client solicitors can also help with:

Get free advice by contacting our specialist Team of Solicitors now on freephone: 0808 129 3320 or by completing our online enquiry form and see if you could reclaim fees.

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Janet Cooper - Care Homes Recovery Solicitor - Leeds/Gateshead

Janet Cooper
Head of Care Home Claims

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