Partner Article

Time is running out on care fee claims

A leading law firm has issued a fresh warning for families to register their claims for wrongly paid care home fees before the fast approaching deadline.

Solicitor Paula Nash said, “The deadline is March 31, but because that’s a bank holiday weekend the last day to register claims is March 28, which is only two weeks away. Families really must act now”

It’s a common misconception that anyone living in a nursing or care home because of health requirements has to pay their own fees.

A Court of Appeal ruling in 1999 established that all medical or nursing care required due to ill health should be fully funded by the NHS.

Paula explained, “Ill health can relate to a range of medical conditions, relevant to physical or mental health, and may be the result of an accident, illness or injury. In many of these cases families are paying for a relative who could be entitled to a fully funded NHS care package.

“I’ve met many families that have been forced to sell their homes to cover the cost of care, or even lost their life savings, when in fact they should not have been paying for care in the first place.”

A number of families may even be wrongly paying ‘top up fees’ where a local authority is meeting part of the cost.

The same could also apply where a person has been paying for care at home, if they satisfy relevant criteria and can demonstrate a primary health need.

Paula said, “Families who have paid these fees in error will not be able to submit a claim once the deadline has passed, so I would urge them to seek legal advice now.”

The Moore Blatch Resolve team includes lawyers with extensive legal and medical experience, and can structure evidence and claims that will ensure families entitled to reclaim fees can do so with minimal stress.

Moore Blatch Resolve offers a free initial consultation for families who wish to find out if they are eligible to claim back fees they have paid.

For more information contact the community health law team on 0800 157 7611, or visit www.mooreblatchresolve.com

This was posted in Bdaily's Members' News section by Moore Blatch solicitors .