Care Home Fees; don’t miss the 31st March 2013 deadline for reclaiming!

The deadline for reclaiming any care home fees paid between 1st April 2011 and 31st March 2013 will soon be here.

Don’t forget the date: 31st March 2013. After that date you will only be able to claim back fees, paid for a maximum of six months.

Something to bear in mind, is that if you have or are currently paying care home fees for yourself or a relative but you, or they also have a serious medical condition, which requires significant levels of on-going nursing care, then you may be eligible to receive free healthcare.

The general rule is that when a person has care needs that are beyond the kind of care services routinely provided by social services, to the point where the needs are healthcare needs, ordinarily the cost of such services will be provided free under the NHS.

In the past, you or your relative may have been turned down for a contribution to the costs of care fees, as a result of an incorrect assessment. If this is the case, then our team of health and social care experts will be able to help and support you to secure a refund and free care home costs.
Prior to Oct 2007, the criteria used by local health authorities to assess funding needs were different and after that date, a global criteria was used throughout England, in order to ensure that cases were treated consistently, when eligibility was being assessed.

It is no surprise that some cash strapped NHS Trusts have sought to limit the number of cases in which free NHS care is awarded.  That, combined with historically poor guidance from the Department of Health, leads to poor quality decisions about whether a person is entitled to free care.

We specialise in challenging these types of decision and to help us we have a specialist team of experts in old age psychiatry and independent social workers.  If you believe that you or your relatives care needs were assessed incorrectly and you have been unsuccessful in claiming free continuing health care, then the care costs may be reclaimed by simply asking for a review of the case, and this is something that our team will be able to help you with.

We can also offer advice on your or your relative’s eligibility to reclaim fees paid incorrectly and furthermore, claim free continuing health care in the future.  Claims for fees can be backdated but to do so, your claim will need to be registered before the 31st March 2013 deadline.

With the average nursing and care home fees of approximately £25,000 to £30,000 a year, then this could mean a substantial repayment plus the opportunity to save considerable health care costs in the future.

If we can help, then please get in touch.

John Gorner

John is head of our civil litigation department which includes specialist housing (landlord and tenant) and community care law teams. John acts predominantly for individuals battling against authority and his client demographic are children, the socially and economically disadvantaged and those with mental impairment. As such he often acts for the Official Solicitor. Email John at j.gorner@keoghssolicitors.co.uk or call us on: 0161 928 9321

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