Important: New Time Limits for Care Home Fee Claims

New time limits have been introduced for challenges to be registered with the NHS. Different time limits now apply to claims concerning living individuals currently receiving care; and claims by families in respect of recovering historic care home fees paid by or on behalf of deceased relatives (known as “retrospective reviews”).

Those currently receiving care

A new time limit has been introduced for challenging decisions of Primary Care Trusts in the cases of living individuals. On 1 April 2012, a time limit of six months has been imposed for the individual or their representative to seek a review of the Primary Care Trust’s decision.

Retrospective reviews

If you are considering claiming back care home fees paid, in respect of an individual who is now deceased, the new time limits are as follows:-

For care home fees wrongly paid in England between 1 April 2004 and 31 March 2011, a claim needs to be registered with the Primary Care Trust before 30 September 2012.

For care home fees wrongly paid in England between 1 April 2011 and 31 March 2012, a claim is to be registered with the Primary Care Trust before 31 March 2013.

It is crucial that people are aware of these new deadlines, as the clock is ticking for families and Executors of Estates to reclaim wrongly paid nursing home fees.

If you think you have a claim and would like advice, please contact us without delay

Daniel Winter (profile) Wednesday 16th May 2012
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Social Care Funding

You will have probably heard the news about the Dilnot Report into Social Care funding.  Some of the reporting has been rather poor, presenting the report as though it has been adopted when in fact it is merely a collection of proposals yet to be fully considered by Parliament.

The report proposes that the ceiling on protected personal assets is raised from £23,250 to £100,000, so that this higher amount cannot be touched for care home fees.  In addition, a cap in costs paid by an individual is proposed between £25,000 and £50,000 when currently there is no cap and an individual’s entire wealth could be used to pay.

Interestingly, pure accommodation and food costs are not included in this cap and their payment will presumably remain on a means tested basis.

If these proposals are adopted, there is likely to be a raft of insurance products made available for people to plan ahead for care home fees in the knowledge that the costs are fairly foreseeable.

What the report and the media coverage do not address is the question; should you be paying for your care at all? 

The NHS has a legal duty to fully fund care when there is a “primary health need”and we can foresee a danger that the Dilnot Report, media coverage and any subsequent adoption of the proposals will increase the public’s expectation that they must pay.  In our experience, many individuals end up paying for care that should be provided free of charge, fully funded by the NHS.

 Daniel Winter

(01279) 712511

dwinter@nockolds.co.uk

Daniel Winter (profile) Monday 4th July 2011
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Adult Social Care Report

The Law Commission has released its much awaited report on Adult Social Care (see www.lawcom.gov.uk ).  As a result of the Report, it is anticipated that new legislation is likely to be introduced.  Whilst the report is predominately concerned with social care, there is overlap and it is likely to impact on claims against the NHS for Continuing Care funding and the question of whether a person’s care home fees should be fully funded by the NHS. 

Firstly, the new legislation is expected to codify the law relating to Social Care.  This should help us to determine exactly where social care ends, and fully funded NHS Continuing Care care (or simply, "Nursing Care") begins.  Currently a gap exists between social care and nursing care, which is the grey area that in our experience has been exploited by the NHS in the refusal of legitimate claims by the elderly and infirm for fully funded NHS Continuing Care. 

Secondly, the Law Commission indicated that the government will be allowed to introduce new regulations on both Social Care and NHS Continuing Care.  Any measures that may assist to close the gap, and thereby reduce the potential for injustice has to be welcomed, and we at the Nockolds Care Home Fees team look forward to reviewing the draft legislation that should follow in due course.

If you would like to discuss this or any other issues with the team please contact Daniel Winter at dwinter@nockolds.co.uk

Daniel Winter (profile) Tuesday 7th June 2011
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