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NHS Continuing Healthcare Funding & Reclaiming Care Home Fees


“Cate showed a consistently superb level of professionalism, attention to detail and expertise. The NHS told us it was the quality of our submissions that settled the matter in our favour.”
‘Simon’, NHS Continuing Healthcare Appeal Client

It may be useful to refer to our list of Abbreviations Used in Community Care Law and Abbreviations Used in SEN and Disability Law.

CHC funding

If you qualify for continuing healthcare (CHC) your care fees should be paid in full by the NHS regardless of your assets if your needs are demonstrably:

  • Complex, intense or unpredictable; &
  • Not incidental or ancillary to the accommodation that social services is under a duty to provide; or
  • Not of a nature typically provided for by social services

This form of care funding is known as NHS continuing healthcare (also sometimes referred to as NHS continuing healthcare funding, NHS continuing care funding or CHC funding). It can cover nursing or care home fees or the cost of your care at home. Unfortunately, CHC funding decisions are often arbitrary and many people do not receive NHS continuing healthcare even when they are eligible.

Challenging NHS continuing care funding decisions

There are many reasons why NHS continuing healthcare funding decisions may be wrong. If you have been denied NHS CHC funding and are paying for your own care you may be able to reclaim care home fees through a legal challenge. Our team of specialist continuing healthcare solicitors have many years’ experience challenging and overturning flawed continuing healthcare funding decisions. This can see families reclaiming care home fees in excess of £80,000 per year.

NHS Continuing Healthcare and the £86,000 social care cap

If the care cap is implemented across England in October 2023, you may be given the wrong impression that you no longer need to apply for NHS fully funded care to help with your care fees, because you will never have to spend more than £86,000. It will remain important to explore your legal entitlement to NHS funding even after the care cap reduces your exposure to long-term care costs.

Reclaiming Care Fees for a past period

If you believe a relative has been wrongly charged for their care costs as a self funder, including if you discover this after your relative has passed away, you may be able to bring a retrospective review. Our NHS continuing healthcare team has significant experience bringing successful retrospective cases, including reclaiming care fees after death, recovering between £40,000 and £250,000 for families.

Watch our NHS Continuing Healthcare and Paying for Care information video

Contact us today on 01273 609911, or email

Martin Searle Solicitors, 9 Marlborough Place, Brighton, BN1 1UB
T: 01273 609 991

Martin Searle Solicitors is the trading name of ms solicitors ltd, which is authorised and regulated by the Solicitors Regulation Authority, and is registered in England under company number 05067303.

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