NHS continuing healthcare deadline now set

No doubt there are some members of Arrse who have been lumbered with care home fees for elderly relatives and possibly had to sell property as a consequence.

Thousands of families across England who argue that their elderly relatives have been wrongly charged care home fees risk missing out following a Department of Health announcement.

Families have been given a last chance to claim after the Department of Health announced a close down of claims for wrongly paid care home fees for the period 1 April 2004 to 31 March 2011 in England. Any new claim needs to be registered before the 30 September 2012.

A landmark 1999 ruling established that the NHS was responsible for funding care in a home where the primary reason for that care was a health need. However, exactly what constitutes such a need has proved controversial and hard to judge. Many families have been wrongly forced to sell their home to pay for care.

The Courts and the Health Service Ombudsman have been critical of NHS bodies using over-restrictive criteria that do not meet legal requirement, wrongly denying people the funding they are entitled to.

The scheme was established following the Health Ombudsman report which advised Primary Care Trusts to review cases. If a person has been contributing towards their care fees from 1 April 2004, they may be entitled to a reimbursement of their fees. This is the case even if the person who was cared for has since died.

Under the "NHS continuing care" scheme, care can be arranged and funded by the NHS to meet physical or mental health needs. If you are eligible, you don't need to contribute towards the fees. If you aren't eligible, and have capital of more than £23,250 you have to pay all the fees.
NHS continuing healthcare deadline now set

Unfortunately there is only two months left of the deadline to be able to reclaim.
Good luck with that: the criteria for grant of Continuing Care is very strict. When I recently jumped through the hoops with the surviving Aged Parent (an 82-year old male with Parkinson's, vascular dementia and a dicky ticker), his needs were assessed as 'Borderline' and, consequently, he did not qualify.

I was left with the distinct impression that, other than being a blind eye on a bed, an individual with the 'standard' ailments associated with old age has little hope of qualifying for CC.

To assess a deceased individual's care needs sounds something of a futile exercise.

...........still, it's only £2k per month and he's worth it.
This is another in a series of reviews that have followed the new guidance for Continuing Care which came out in 2007. Many of the cases will be reviewed post mortem and against criteria that weren't in place when the original assessments took place.

I was heavily involved in commissioning continuing care when I worked for the NHS. We were a relatively generous PCT comparitively but some most certainly weren't (to the point of ignoring the guidance and case law allegedly) and will have a large number of cases to review.

It is isn't helped by the frustrating and wholly arbitrary definitions as to what is social care (ie paid for by social services) and what is nursing care (ie paid for by the NHS and specific nursing care that can't be provided by normal care workers) as these come out of two seperate pots of money, meaning most trusts and SS depts used to play ping pong with many of these cases as to who should pay.

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