Nursing Care Fees Recovery

Paying too much for care fees?

We can help

If you or a relative are in a nursing home due to physical or mental health needs, you could be entitled to reclaim fees you've paid in the past - fees that should have been funded by the NHS.

When you or a family member go into nursing or residential care, the care fees can be funded by Care Home fee contributions. To qualify for these, a patient must meet the requirements of the Continuing Health Care (CHC) scheme and must effectively enter the care home because they have a Primary Health need (that is, either a serious health or mental health need). Unfortunately those patients that go into a care home for social reasons will not qualify for assistance under the CHC scheme.

However, in many cases the Clinical Commissioning Groups (CCG’s were formerly known as Primary Care Trusts) incorrectly interpret the rules or fail to undertake an assessment under the CHC scheme; as a result, thousands of families across the UK have been wrongly denied the Care Home Fee contributions. As a consequence, if you are paying your own care fees, even if you have previously been turned down for funding, you may still be eligible.

Following a ruling by the Court of Appeal and Health Services Ombudsman, many of the criteria which were used for assessing whether care home fees should be paid by the NHS have been found not to meet legal requirements. As a result, if you or a family member have been paying for care, you may be eligible to receive back the money you have paid.

Also, if you or a family member are now on the receiving end of a claim from Social Services for payment of care fees, we may be able to help you defend that claim.

The solicitors in our Private Client team have the skill and understanding to guide and support you throughout the assessment and decision making process. Initial analysis is free and from this we can determine whether or not eligibility is likely.

We may also be able to fund your claim on a “no win no fee” basis – this will be discussed with you at the time of your initial appointment.

To gain access to this funding, you will need to be assessed for your social and health needs by the CCG. If this assessment can demonstrate that there is indeed a Primary Health need then, regardless of your financial position, the NHS must pay for your future care in full and refund any monies lost due to the initial incorrect decision.

It is also possible to act on behalf of a friend or relative, which includes making retrospective claims when the patient has died.

Fosters Law are experts in the recovery of wrongly paid care home fees - Our free and simple initial consultation will tell you if you are eligible to claim. If you are, our claim service is quick and hassle-free, ensuring you and your family get back the money wrongly paid out for nursing fees.

Understandably, you will be concerned about the potential cost of either bringing or defending such a claim. Accordingly, we are able to offer one or more of the following options:

  • We hold a contract with the Legal Services Commission to act for you in this area of law. If you are entitled to receive Legal Aid, our fees for acting on your behalf will be covered under the legal aid scheme.
  • You can pay us for the work that we do for you, based upon the hourly charges of the fee earner dealing with your case; we will always provide you with an estimate of our charges at the start of any case, and will usually be prepared to agree a fixed or capped fee with you, as required.
  • We may be able to act for you on the basis of a 'no win, no fee' agreement, where we would receive a percentage of the sum successfully claimed back (but if you lost the case, you would not be liable for our charges).

Contact Edward Foster on the details provided in the sidebar today to see if you are or a relative are eligible for NHS Continuing Healthcare and reimbursement of care home fees.