Advice on how to recover your care home fees

Whether you are rich, poor or in between, the rules provide that if you or somebody you know has been assessed by a Clinical Commissioning Group ("CCG") as having a "Primary Health Need" which scores sufficiently highly in accordance with national framework guidelines the NHS under their Continuing Healthcare scheme must pay for the cost of care. This requirement includes the cost of nursing home accommodation, food and health care.


The NHS Continuing Healthcare scheme in England is available to anybody over 18 for the purposes of meeting physical or mental health needs.


If care fees have been paid unnecessarily either because of an incorrect assessment by a CCG, because no assessment has taken place or it has as a package been withdrawn prematurely abdcare can investigate and if so advised recover retrospectively monies paid.


Who Can Claim?


> You can claim if you are the person who has either been wrongly assessed or not assessed at all.

> If you have a Lasting Power of Attorney - the Attorney can claim on your behalf.

> The Executors or Administrators of a deceased person's estate can claim.


Is there a time period within which claims must be made?


Yes, there is.The Department of Health has set deadline dates for registering claims with a CCG. By way of example:-


For claims covering care between the 1st April 2004 and the 31st March 2011 the deadline date has already passed - 30th September 2012.


For claims between 1st April 2011 and 31st March 2012 the deadline date has already passed - 31st March 2013.


What is the purpose of making a retrospective claim?


The purpose is to put an individual back into the position they would have been in if they had been awarded NHS Continuing Healthcare at the relevant time.  Interest on recovered fees is payable in accordance with Retail Price Index rates. Additionally, there is a discretion to make ex gratia payments over and above care costs and interest.



Wish to know more?

To find out more on this website go to the tab useful info/faqs or contact abdcare by calling us free between 9am - 5pm on 0800 072 86 36 or complete the free quick enquiry form and a member of our team will call you back within 15 minutes between 9am and 5pm.

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