Financial & Legal News

Care fee Refund for Family

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A Southport woman who had to pay huge care home fees for her mother has been able to recoup over £36,000 when she challenged South Sefton NHS.

The 96-year-old was a resident a care home in Great Crosby from 2009 until her sad death in 2015 but was only awarded funding for part of that period, her family firmly believed because of her complex needs the award should have been made earlier.

Her daughter took the NHS South Sefton Clinical Commissioning Group to task and was this week awarded just over £36,000 for care home fees the family should not have paid.,

“Many people do not realise that funding can be challenged and those who need full-time care because of illness, whether at home or in a nursing home, could be eligible for state funding under an NHS scheme, “ said solicitor Mike Talbot, of Pearson Solicitors and Financial Advisers, who acted in the retrospective care challenge.

Complex rules around who qualifies cause many families to miss out, but our client firmly believed her mother should have qualified for the NHS “continuing care” scheme, which is meant to pay when care is needed primarily for health conditions rather than simple old age.

Our client thought her mother should have the funding from an earlier date because she had alzheimer’s and communication problems.

Pearson helped challenge the case.  Funding had been awarded in 2012 but the case proved that as far back as 2010 she was eligible based on an escalation of symptoms.

South Sefton Clinical Commissioning Group had initially said the family had to pay the full costs for care in the home.

“I am extremely grateful for what Mr Talbot did on my behalf, it was something I did not think I could possibly have handled on my own,” said our client.

Commenting on the case Mike Talbot, Partner at Pearson said:  “It seemed that there was a strong case from the start for a retrospective claim because of the multiplicity of needs.  There was a significant time period when the family should have been receiving help with the care funding and we were able to recoup 13 months of funding which should have been granted.

“A significant amount of money is paid in care home funding and families don’t know where to turn to for help and advice on this – it really is a postcode lottery and such a complicated and emotive situation,” he added.


For advice on challenging care home fees and a chat on continuing care allowances call Mike on 0161 785 3500


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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