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First Response Law

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paying for care home fees  

Paying for care home fees in later years can be a cause of great concern for many people. Krystal Lewis discusses the steps which can be taken to mitigate against these expenses.

  • Who pays for nursing home fees?
  • NHS Continuing Healthcare
  • Are you eligible?
  • Can you challenge a decision?
  • How is my claim funded?
  • What if you are not eligible for NHS Continuing Healthcare?
  • Useful links

who pays for nursing home fees?

A survey published by Saga recently estimated the average cost of care at £540 a week, with the average length of stay having risen to four years. This means on average care home costs in the region of £112,000.00.

Charges are based on a means test, under which anyone with savings and assets, including a house, worth more than £23,250 must pay the full fees themselves. They are known as self funding. It is not until a self funder has less than the lower capital limit of £14,250 that they receive maximum support from the Local Authority, although this will continue to take into account all income, including benefits and pensions.

If you have capital between £14,250 and £23,250, capital will be calculated as providing you with an income of £1 per week for every £250 of your savings.

For more advice about paying for care home fees and/or financial assessments please contact our Continuing Healthcare team.

NHS continuing healthcare

Individuals with a primary health need are entitled to be funded by the NHS for the full cost of care home fees, this is called Continuing Healthcare.

Whilst there is no legal definition of a primary health need in the context of NHS Continuing Healthcare, in general terms it can be said that an individual will have a primary health need if, having taken account of all their needs, it can be said that the main aspects or majority part of the care they require is focused on addressing and/or preventing physical or mental health needs.

are you eligible?

To assist in determining eligibility, the Department of Health have developed the Decision Support Tool. This will be completed by a multidisciplinary team (MDT) when assessing whether an individual qualifies for NHS Continuing Healthcare. Although this is not an assessment in itself, the Decision Support Tool can assist in establishing if an individual has a primary health need.

The decision support tool looks at the individual's needs in relation to 11 care domains, namely Behaviour, Cognition, Psychological and Emotional, Communication, Mobility, Nutrition, Continence, Skin, Drug Therapies and other medications, Breathing, and Altered States of Consciousness. Each domain is broken down into a number of levels, each of which is carefully described, to determine how severe the individual's needs are. For each domain MDTs are asked to identify which level description mostly closely matches the individual's needs.

The Decision Support Tool also takes account of the nature, intensity, unpredictability and complexity of care to determine the quality and/or quantity of care that will be required to meet them.

It is very important that the individual has been properly assessed for NHS Continuing Healthcare regardless of their financial situation. A person can be eligible for funding in any setting including a care home, a hospice or their own home.

If you feel that you or someone you know might be eligible for NHS Continuing Healthcare, please complete our short Continuing Healthcare Enquiry Form and we shall contact you to discuss eligibility.

can you challenge a decision?

It is possible, where someone has been wrongly assessed for funding purposes, to seek retrospective reimbursement of nursing costs from the NHS. This can be done on behalf of the individual by an attorney, close family member, or executor of an estate after the individual has died.

If you feel that you or someone you know may be eligible for reimbursement please complete our short Continuing Healthcare Enquiry Form and we shall contact you to let you know if you have a claim.

how is my claim funded?

We will initially assess your claim by way of a written questionnaire. The first assessment is free and confidential and there is no obligation on you to proceed. For more advice, or if you would like to request a copy of our questionnaire, please complete our short Continuing Healthcare Enquiry Form.

If we are able to proceed with your claim it will be funded on the basis of a Contingency Fee Agreement (more commonly known as a "no win, no fee" agreement).

what if you are not eligible for NHS continuing healthcare?

If, following an assessment, you are not eligible for NHS Continuing Healthcare and you are receiving care in a nursing home, you should receive NHS funded nursing care, which is a contribution towards the nursing home fees. From 1 April 2010, the rate in England is £108.70 if you moved into a nursing home on or after 1 October 2007. In Wales, this is currently £120.55.

useful links

Age UK England

York House
207-221 Pentonville Road
London N1 9UZ
T: 0800 169 87 87

Astral House
1268 London Road
London SW16 4ER
T: 020 8765 7200

E: contact@ageuk.org.uk
W: www.ageuk.org.uk


Age UK Wales

Ty John Pathy
13/14 Neptune Court
Vanguard Way
Cardiff CF24 5PJ
T: 029 2043 1555

E: enquiries@agecymru.org.uk
W: www.ageuk.org.uk/cymru


Alzheimer's Society

Alzheimer's Society
Devon House
58 St Katharine's Way
London E1W 1LB
T: 020 7423 3500

E: enquiries@alzheimers.org.uk
W: www.alzheimers.org.uk/


Contact Krystal Lewis LLB (Hons)
T: 0151 239 1135
E: chcfunding@canter-law.co.uk
Alternatively our main switchboard number for all enquiries is 0844 875 6200.


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  • Making a will
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The information contained in this website is not, nor is it intended to be, legal advice. Please consult one of our lawyers for advice specific to your enquiry. Personal Injury Awards Shortlisted Valid HTML 4.01 Transitional Lexcel
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