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£70,000 recovered in Continuing Healthcare Funding

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When we made a challenge for missed continuing healthcare funding allocation we were able to recoup £70,000 in care home fees that should not have been paid by the family in the first place.

Continuing Healthcare Funding Case

The daughter of our client came to us when her mother had sadly passed away and we managed the case retrospectively.

The mother had been a resident in an Oldham care home for several years but her care had only been partially funded.  The family firmly believed that due to her mother's complex care needs they should have been granted continuing healthcare funding (CHC) and instructed the team at Pearson Solicitors in Oldham to look into the matter.

As specialists solicitors in reclaiming care home fees, we were able to successfully make a challenge for retrospective funding to be awarded.

Acting solicitor on the case Michael Talbot had this to say:

“Complex rules around who qualifies for funding causes many families to miss out, they don’t know where to turn for help and for some it is a postcode lottery,

“Continuing care provision is granted when care is needed for primary health conditions, rather than simply old age and that was the case here and the multiplicity of needs,

Many people do not realise that funding can be challenged, and that challenge can also be done after a relative has passed away.  Those who need full-time care because of illness, whether at home or in a nursing home, could be eligible for state funding under the NHS scheme, all too often families have paid £1,000s for something that should have been awarded to them for free,” added Mike.

Our client thought her mother should have had the funding from an earlier date because her complex mental state had made her care needs more difficult to manage in terms of behaviour, nutrition and medication.  She suffered from prolonged periods of anxiety and agitation, including physical violence towards others and had reached a point where her needs showed unpredictability, complexity and instability.

The Outcome

As part of the challenge we went back three years to when funding was denied.  Assisted by an application to review GP records and combined with a thorough review of all medical records this led us to successfully build up a case for retrospective CHC funding against NHS Oldham.

“I am pleased to say in this case we were able to recover three years of fees amounting to £70,000 for our client, sadly her mother had passed away but this was a significant part of the estate which was recovered and something they should not have actually been paying,” said Mike.

How can we help

For advice on continuing healthcare funding, or if you have concerns over care home neglect contact us on 0161 785 3500 or

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

Written by Michael Talbot


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