Last chance to reclaim NHS care home fees

bella66

There doesn't appear to be anything on this forum about a crucial announcement by the Department of Health for families who want to claim care fees which the NHS should have paid.

I saw a ITV Granada report last night warning families to come forward after a family recoverd over £90k in care fees from the NHS.

On digging around there was also another report last night on ITV Meridian where two families had claimed nearly £200k from the NHS.

This is very important as the DH who appear not to be interested in telling the public. What a surprise. Anyone who has received care between 1 April 2004 to 31 March 2011 need to register their case before 30 September 2012
or they won't be able to do anything about it.

ticktack_2

"In October 2007 the Department of Health produced new guidance that sets out a system for deciding eligibility for NHS continuing healthcare. This is called the National Framework for NHS Continuing Healthcare and NHS funded Nursing care. The Framework sets out the factors that are considered to decide whether someone meets the criteria for NHS Continuing Healthcare. ...

"If someone is turned down for NHS contiuing healthcare, an appeal can be made against the decision. In March 2012 the Department of Health announced some changes to timescales for appealing NHS Continuing Care decisions.
From 1 April 2012 people will have 6 months from the date of a decision to begin an appeal with the PCT concerned.
The PCT will then have 3 months to conduct the review.
The person will then have 6 months to begin an appeal with the SHA.
The SHA will then have 3 months to conduct the review.
These rules will not apply retrospectively. However, they are also introducing a deadline for historic appeals to be brought to PCTs.
If you would like to appeal a decision from before 31 March 2011 you need to do so before 30 September 2012.
If you would like to appeal a decision from between 1 April 2011 and 31 March 2012 you need to do so before 31 March 2013."

From http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=399

bella66

Thanks tick tack

I and my family are currently challenging our local PCT after we saw something on TV two years ago. My dad was in a care home from 2001 to 2007 and because we didn't know anything about the Department of Health's last deadline in 2007 we can only claim from April 2004, so we are missing out on trying to reclaim thousands because we didn't know.

We have already been refunded the 2 months before he died, but our solicitor has advised us to appeal. Frankly I found the PCT decision insulting. Our fight as already been going on for 18 months and it has been an emotional struggle, but we are determined to fight on. The more I read about this subject is angers me. The NHS are clearly denying the sick elderly funding they are entitled to. They also have a hard and complex system, with so much paperwork, which puts families off in fighting their system. We decided to instruct a well known solicitor to remove the emotional burden on meand the family. We tried doing it by ourselves with some assistance by an advocate but it was a nightmare. We have our second appeal in 4 weeks and I hope the PCT will see sense.

ticktack_2

bella66 wrote: »

The NHS are clearly denying the sick elderly funding they are entitled to.

Actually I don't agree. The question of how society can finance the care needs of an increasing elderly population is complex, and not all situations are alike. I posted the link for information only, not as any kind of comment or opinion.

advice27

Hi

feel caliming myself is a bit tricky and not much time. Contacted Cheselden who can do no win no fee for 30% of any recovered fees and also solicitors Hugh James who take 18% but want me to pay cost of documents from care homes GPs etc.

Does anyone know how much GPs etc charge for this info or have any experience of these organizatons.
Bodies possibly concerned would be 2 care homes 2 GPs, a CPN, 2 hospitals.

PS Cheselden will not proceed unless I have last care home records available. I have contacted the care home several times and told they have to get them 'from the loft'. Mother died April 2007 so is there a legal obligation for these records to be kept

ADvice very urgently needed. Hope someone can help

monkeyspanner

advice27 wrote: »

Hi

feel caliming myself is a bit tricky and not much time. Contacted Cheselden who can do no win no fee for 30% of any recovered fees and also solicitors Hugh James who take 18% but want me to pay cost of documents from care homes GPs etc.

Does anyone know how much GPs etc charge for this info or have any experience of these organizatons.
Bodies possibly concerned would be 2 care homes 2 GPs, a CPN, 2 hospitals.

PS Cheselden will not proceed unless I have last care home records available. I have contacted the care home several times and told they have to get them 'from the loft'. Mother died April 2007 so is there a legal obligation for these records to be kept

ADvice very urgently needed. Hope someone can help

A small charge can be made. When we asked the hospital it was £50. The GP didn't charge but I believe they can.

advice27

Thank you so much for advice about charges for obtaining records.

I have spoken to my local PCT who suggest I make the retrospective claim myself.

However, not sure if I would have as much clout as a specialist solicitor on a no win no fee basis (they will accept my case)

Also, does anyone know if I put in a claim myself which is subsequently dismissed, would the no claim no fee solicitor then take it over.

has anyone any experience of Hugh james solicitors?

chester19760

Hi just wanting some advice as time is running out
My granda had alzheimers and lived with my grandma but in 2010 went into a home to give my grandma a rest as he was getting worse it was supposed to be for 2 weeks but once in there they decided he was a danger to himself and my grandma and stayed in until he died in october 2011. Because they had savings they paid for his care which was nearly 2000 a month I have asked my mam for all the relevant info to try and put a claim in but shes told me its 'too much hassle' so can i still claim or not? Im sure if i tell her she can go to a no win no fee group she'll do it but its deciding who to trust