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Wrongly paid care home fees in England

View profile for Joel Evans
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Paying or paid care home fees? You could be due a refund!

It is commonly misunderstood that residents of care homes must automatically pay for their own fees. If you or a family member is residing or has previously resided in a residential or nursing home you may be entitled to a refund of care home fees from the NHS.

NHS continuing healthcare is a package of care whereby the NHS funds 100% of the patient’s care home fees. In order to be eligible for NHS continuing healthcare funding, the patient must be assessed as having a “primary health need” i.e. their needs are mainly health-related as opposed to social needs.

In order to establish whether someone should be or should have been eligible for NHS continuing healthcare funding, the appropriate Clinical Commissioning Group will need to undertake an assessment of your relative’s needs which will consider a wide range of factors including their behaviour, cognition, mental health, nutrition, continence, skin, mobility and medication.

The average price of nursing home fees in the UK is £841 per week, that’s a huge £43,732 per year! You could therefore be entitled to claim thousands of pounds from the NHS.

Government has previously set a deadline of 2013The31 March for anyone intending to make a claim for wrongly paid care home fees during a period before 31 March 2012. You are therefore still able to bring a claim for any period of care from 1 April 2012 onwards. You can also still bring a claim for reimbursement even where the patient has passed away.

Devonalds have already helped recover over £500,000 in wrongly paid care home fees for our clients and we could also help you. If you think that you or a relative may be eligible or should have been eligible for NHS continuing healthcare funding, call us today on 01443 404700 and ask to speak to our Abbi Williams or email us on  

Check out our FAQ below:

Frequently Asked Questions

Understanding NHS Continuing Healthcare can be difficult, to try and help we have created a list of the most commonly asked questions. However if you are still unsure of anything, please feel free to contact us.

What is NHS Continuing Healthcare?

NHS continuing healthcare is care that is funded completely by the NHS for those who have a “primary health need”. If you or your relative is in a care home, this means the NHS will meet the cost of the care home fees regardless of income, savings and capital assets.

How do I know if I am eligible for NHS Counting Healthcare funding?

Anyone who requires long-term care should have their needs assessed and continuing health care funding must be considered during this process. The assessment is undertaken by the NHS, who will often involve the local authority and other professionals involved in providing the care.

The assessment considers the individual’s social and health needs and if the individual has a ‘primary health need’ they should qualify for continuing healthcare funding. The decision is not just based on a diagnosis but will look at the person’s day-to-day needs.

What if the assessment has already taken place?

If this assessment has already taken place, you should have been involved and informed in writing of the outcome of the assessment. However, the NHS has already acknowledged that thousands of these assessments have previously been wrongly decided.

will be able to examine your case and assist in determining whether there is reason to believe that your relative may have met the eligibility criteria for continuing health care.DevonaldsIf you feel that your loved one is eligible,

Is there a deadline for submitting my claim?

In England, the deadline for cases relating to a period of care before 31 March 2012 has now passed. In England you are still able to bring a claim for any period from 1 April 2012 onwards.

It is likely the Government in England will announce a new deadline shortly, so it is important to seek advice as soon as possible or your right to claim back wrongly paid care home fees could be lost.

To read more about the position in Wales, click here.

What are the average care home fees per year?

On average in the UK you can expect to pay around £31,200 a year in residential care costs, rising to over £43,732 a year if nursing care is necessary.

Why use Devonalds to help with your claim?

We have a team of specialised, experienced professionals who will provide you with assistance throughout your claim.

Our professionals have extensive experience in bringing claims of this nature, having recovered thousands of pounds for our clients already.

Unlike many other solicitors firms, you will deal with the same individuals during the whole process, who are dedicated to your particular case and who are able to explain each stage of the process carefully to you.

We are also usually able to take on your case under a no-win-no fee agreement, so if you are unsuccessful in your claim you will not be liable for any legal costs.

Ultimately, we understand how important decisions concerning either you or your loved one’s care are. We are passionate about understanding your circumstances and ensuring we achieve fair outcomes.