Are you or a loved one paying for care? Or are you or a loved one in residential care or considering it as an option?
The issue of funding for care at home or in care homes is not only crucial but complex. The provision of care is becoming increasingly expensive and can create severe financial pressures. Our continuing healthcare legal experts can assess whether this care will have to be self-funded or whether the local authority should pay some or all of the care fees. In some cases, you or your relative may be eligible for NHS continuing healthcare (CHC) funding.
We suggest seeking our professional advice at the earliest stage, certainly before any discussions on funding care begin. We also urge you to seek advice before signing any documentation.
Funding long term care is complex, so who pays for care home fees?
NHS continuing healthcare funding
Continuing healthcare (CHC) funding is a funding service provided by the NHS. CHC funding is for those who are assessed as having a primary health need. It is not means-tested and this funding covers the cost of care in its entirety.
Local authority funding for care costs
If you or your relative does not qualify for CHC funding, we can advise on the possibility of getting local authority funding for care in your own home or care home. How much the local authority might be able to help with your care costs would depend on your care needs and the assets you have. You will have to have a financial assessment.
Paying for your own care (self-funding)
We can advise whether you or a loved one will have to self-fund your own care or whether you or they qualify for CHC funding or assistance from the local authority. The provision of care is becoming increasingly expensive and can create severe financial pressures. If there is a need to self-fund, there are other forms of financial assistance to help with paying for care homes fees or care in your own home.
How we can help you
We can give advice on the different funding care options:
Continuing healthcare funding:
Local authority funding:
- The deferred payment scheme, whereby the council pays for your care and you repay it at a later date
- The issue of property disregards, whereby the council helps with the first 12 weeks of care home fees
By making use of these options we can remove any immediate pressure to dispose of property, if there is a need to dispose of it at all.
- We have successfully challenged incorrect decisions regarding the need to assess for eligibility for CHC funding. Our most recent case resulted in a full refund of care previously funded and payment of ongoing care fees of over £12,000 a month due to the complex nature of the care required.
- We have successfully challenged incorrect eligibility decisions by way of a formal appeal. One of our successful cases resulted in a total refund of over £50,000 for care paid from the date of the original assessment. This successful outcome ensured ongoing care fees of over £65,000 per year were met.
- We have secured successful applications for retrospective funding. This can occur after a person has become eligible for funding and a previous period has not been assessed or when a person has died. Our most recent case resulted in a total refund of over £120,000 of wrongly paid care fees. This involved overturning an incorrect eligibility decision and making an application for a previously unassessed period.
- We have successfully challenged Social Services in relation to incorrect decisions to decline S117 aftercare funding. Our most recent case resulting in a package of fully funded care in our client’s own home and a full refund of over £30,000 of wrongly paid care fees.
- We have successfully secured 12 week property disregards for our clients where they have been advised by Social Services that the full value of their property needs to be taken into account immediately.