Sept. 7, 2012
-- It has come to light that many older people and their families have paid care home fees privately, when in fact the NHS was responsible for meeting the cost of both accommodation and assessed health and personal care needs. The NHS is responsible for paying the full package of fees where the person’s primary need is for nursing care. On review, many families have had the fees they have paid reimbursed by the primary care trust responsible.
The deadline of 30th September is for claims in respect of care home fees paid between 1st April 2004 and 31st March 2011. The person in receipt of the care or a family member can make a claim for the repayment of care home fees if they believe that the NHS should have paid for the care.
Heledd Wyn, solicitor in the Private Client department at Pardoes says, “It is vitally important that anyone who believes that they, or a relative, should have been assessed for NHS continuing healthcare funding brings their claim before the 30th September 2012 deadline. There is also a deadline of 31st March 2013 for claims in respect of fees paid between 1st April 2011 and 31st March 2012.
“Refunds apply where the primary care need was for nursing care, rather than residential care. In order to qualify, the nursing care required must have arisen primarily in respect of mental or physical health issues relating to disability, accident or illness.
“Even if you are unsure whether this applies to your particular circumstances, it is worth investigating the matter with a solicitor. Many families have spent thousands of pounds on care each year, and some payouts have been in excess of £100,000, as the costs of all nursing and accommodation fees paid from 2004 are recoverable, if a case is successful.”
If you would like to discuss this matter further, please contact Heledd Wyn on 01278 454985 or firstname.lastname@example.org.
Pardoes is a well-established South West legal firm, with 15 partners and 95 staff across its Bridgwater, Yeovil and Taunton offices. It offers a full range of legal services and has expanded many of its specialist sectors in the past two years. During that time new partners have been appointed to head up its core business divisions in the fields of private client, family, property, litigation and commercial and employment work.