McHale & Co. Solicitors Blog

NHS continuing healthcare entitlement – beware the deadlines!

When a loved one can no longer look after themselves to the extent that there is no other option than to place them under the care of a residential or nursing home, the cost, in the early stages in any event, is not necessarily at the forefront of their friends’ and families’ minds.

What this means, is that they receive the best care possible, are comfortable and have a high standard of living as possible.

However, at any time following admission to a hospital, in contemplation of going into a home, or in the home itself, the nursing staff could carry out an NHS continuing healthcare assessment check list.

NHS continuing healthcare provides funding to those individuals in care whose “primary need” is “health” rather than “social”.  In a nutshell, an individual is entitled to funding, if their level of need requires more specialist help in order to meet those needs. The test, however, is quite complicated and applies 12 separate “care domains” such as mobility cognition and nutrition.  

Staff that carry out the check list are obliged to inform relevant family members or friends that it has been carried out. However, what they do not often inform friends and family is that they do have their right to appeal the decision within 6 months of the assessment being made. If an appeal is not made within 6 months then it is not possible to retrospectively review the test in order to overturn the outcome and claim back fees which should never have been paid. If the outcome is overturned, then the individual will receive the equivalent amount of money which NHS continuing healthcare would have contributed to their care. This is usually in the region of £500 per week, if not more.

We have extensive experience of recovering fees on behalf of clients by assisting and overturning decisions as to NHS continuing health care and offer a fixed fee and no win no fee service.

If you have a loved one in care and are unsure as to whether or not they are entitled to NHS continuing health care, please call us for a free consultation on 0161 928 3848 or at

Categories: Care Homes Fees

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