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Deadline For Reclaiming Care Home Fees Announced By Government

The Department of Health has announced that families only have until 30 September 2012 to reclaim wrongly paid care home fees.

Many families are unaware that they qualify for NHS continuing healthcare funding, and so may have been making unnecessary financial contributions towards a loved ones care. Often this can mean selling their home or other assets.

The reclaiming deadline applies to care home fees paid between 1 April 2004 and 31 March 2011. Even if the person receiving the care has since died, families may still be entitled to seek a refund.

With the deadline only a matter of months away, it’s vital that families who feel they may have been entitled to NHS continuing healthcare funding contact an expert community care solicitor to look into their case. This highlights the need to act promptly, because if the family only seek legal advice at the end of the process, when the case is with the health service ombudsman, it is very difficult even for an expert solicitor to make a difference.

My team have a strong record in fighting complex NHS continuing healthcare cases. Between November 2011 and January 2012 our team recovered awards worth over £400,000 for 11 different families across England, together with ongoing funding of approximately £40,000 each year for those still in care. Take a look at our case studies or contact us to arrange a free initial assessment of your case.

About the author

Cate Searle


Cate has many years’ experience of representing clients who have disabilities, mental health problems or caring responsibilities across a range of legal issues. Cate’s specialisms include: Court of Protection litigation on Health & Welfare and Property & Finance; Mental Capacity law, including best interest decisions; Safeguarding adults at risk; Funding disputes with Health and Social Services (including NHS Continuing Healthcare, financial assessments and deprivation of capital).

  • By Gareth Phillips | 19/07/2014 at 11:24

    Thank you for the advice I don’t think she will be considered for a refund.

    yours truly

    G. Phillips

  • By martin searle solicitors | 16/07/2014 at 09:23

    Dear Mr Phillips

    Thank you for your question about your wife. As she moved in to a care home in January 2014, the cut-off deadlines mentioned in our Blog do not apply to her case. Whether she will be eligible to receive NHS Continuing Healthcare and recover the money already spent on care fees while she has been self funding will depend upon whether she has a “primary healthcare need” rather than upon her diagnosis. Some people with Parkinson’s and Dementia qualify, but others do not. If she does qualify, this also means that she does not have to use her income to pay her care fees after she gets to the Social Services threshold figure. You should ask the local NHS to start the assessment process, if they haven’t done so already. One of the Community Care Team will email you with some more information about how we can help you.

    Best wishes

  • By Gareth Phillips | 15/07/2014 at 12:53

    My wife suffers with Parkinson disease and dementia, was admitted into home care January 2014. She is self funding approximately another five months of self funding to go when the threshold figure will be reached. Is there a case for retrieving her money.

    Yours truly
    G. Phillips

  • By Cate Searle | 03/07/2012 at 09:44

    Thank you for your comment. I have replied to your private email address to say what the next steps should be and to send you some relevant literature to assist you in making a decision about bringing a case (sent yesterday afternoon). It is certainly worth exploring a retrospective case, but you must be mindful of the deadline of 30 September which is fast approaching.

    If you have any questions, please email or give me a call

    Best Wishes

  • By Mrs B Scholey | 02/07/2012 at 15:42


    My Dad had Alzheimers and was in care from 2002-2005 and his Care Home fees were all paid from his own money. Do we have a case?

    Mrs Scholey

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