Reclaim Care Home Costs for Free- New MSE guide

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  • .

    For more personal experience see this MSE thread which has been running for some years. http://forums.moneysavingexpert.com/showthread.php?t=800521&highlight=chc:money:

    Thank you monkeyspanner from a beneficiary of you long running thread. Your original plea for help with applying for nhs continuing healthcare for a member of you own family has morphed into a fantastic source of help and advice for the rest of us.

    A big thank you to MSE for highlighting the recently introduced deadline and for ensuring that far more people are aware of their rights.
  • hellenjc
    hellenjc Posts: 457 Forumite
    First Anniversary Combo Breaker
    I am a Social Worker working with Older People and have attended many Multi-Disciplinary meetings to assess for Continuing Health Care funding. Obviously I can only speak from my own experience but during a full assessment Social Services ( who are often, but not always, already involved) should be asked to do a Social Care assessment - different from a nursing assessment which will often be done by a District Nurse if the person is at home or by a nurse in hospital. Following completion of assessments the meeting itself should include family members, other professionals involved and the individual themselves if they are able to attend.
    Each of the criteria will be gone through and everyone has the opportunity for input at this point and a "meeting " decision is taken.The meetings look at the nature, intensity, complexity or unpredictability of the individual’s needs when making a decision.
    If their condition is very unstable and unpredictable CHC is more likely to be approved.
    It is not unusual for there to be joint funding between Health and Social Care, where the person clearly has a health need but also social care needs and the decision is always reviewed regularly because as someone has already mentioned if the health need resolves then Continuing Health Care will often no longer fund.. However what I have also found is that if it is considered that the only reason the health need has lessened is because of the quality of the nursing care then they will often continue to fund if that argument can be made.
    Also if the individual is turned down but their condition substantially deteriorates then a new nursing assessment checklist can be asked for.
    I think you should definitely read the Decision Support Tool before any meetings and good practice would say this should be gone through with family members/carers before the meeting. I have certainly done this many times myself.. Don't be afraid to ask for this to be done.
    Hope this helps a bit

    Ps I'm not saying I agree with all this but just telling it as it is !
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    Thank you MSE for picking up this issue and highlighting the governments attempt to continue to keep the possibility of NHS funding out of the publics view. These deadlines are an attempt to limit the retrospective liability for funding which was not brought to the attention of those who might be entitled. This was often with the knowing conivance or ignorance of NHS and Social Services staff.

    The MSE guide implies at its start that this funding was available for 2007 in England this ,however. is just when the new suposedly universal assessment system based around the DST (decision support tool) was introduced. Prior to that all PCTs ran their own individual CHC funding process. This led to a postcode lottery which was supposed to have been solved with the introduction of the DST based system. However neither the DST or National Framework documents spell out to individual PCTs what scores are necessary to get CHC funding. Therefore there are still large discrepancies in award rates between PCTs.

    Please note the basis of NHS CHC funding goes back to JULY 1999 in a court of appeal judgement in the case of Coughlan vs North and East Devon Health Authority. Here is a link if anyone would like to read the basis of the appeal decision. http://www.sochealth.co.uk/health-law/r-v-north-and-east-devon-ha-ex-parte-coughlan-1999-payment-for-nursing-care/
  • Hi,

    This was my Nan's situation and my Dad had to be a lot of money for her care, including selling her house well below the value. It was 70K but because it wasn't selling he had to accept the lowest offer to satisfy the council, so sold it for 23K!!!! Still a sore point in our house.

    Anyways is the deadline strictly 2004 onwards as my Nan died in 2003 after 10 years inside a care facility for her alzehimers - any help appreciated

    Caroline xx
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    Hi,

    This was my Nan's situation and my Dad had to be a lot of money for her care, including selling her house well below the value. It was 70K but because it wasn't selling he had to accept the lowest offer to satisfy the council, so sold it for 23K!!!! Still a sore point in our house.

    Anyways is the deadline strictly 2004 onwards as my Nan died in 2003 after 10 years inside a care facility for her alzehimers - any help appreciated

    Caroline xx

    Have a look at Coughlan vs NE Devon Health authority July 1999.
    You would also need to check if there is a statute of limitation on cases like this.
  • Have a look at Coughlan vs NE Devon Health authority July 1999.
    You would also need to check if there is a statute of limitation on cases like this.

    Hi -Many Thanks for your reply.... what does a 'statue of limitation' mean?? I want to tell my Dad about this reclaiming, but don't want to get his hopes up if we are outside of the deadline. As I mentioned earlier, its still a touchy subject the way the council and care trust bullied him for costs etc. One day she was in the local hospital for 2 weeks rest bite care, the next she was never allowed home again and into full time care.

    Thanks xx
  • arhodes wrote: »
    my mother entered a privately paid for care home in 2002 and died there in 2010. She suffered from Dementia from the start which gradually got worse and she paid for care out her own pocket for the whole time. One month before she died she went into hospital and was formally assessed as qualifying for free care due to her condition.
    I am wondering if I can make a claim as she had been in that qualifying condition for some time (maybe a year or more) prior to being assessed but she wasn't formally assessed as I didn't know you could be.
    I had POA but this ceased on her death. Will I be able to claim any money back for her estate?
    Any help appreciated.

    Hi, you can ask for a retrospective assessment. the PCT will collect the evidence (care plans, assessments, etc.) for the time period you feel that your mother may be eligible and make a decision based upon the available evidence. Phone your local PCT and ask the continuing healthcare department for details about how to make a retrospective application for continuing healthcare funding. You've nothing to loose and it won't affect any of the money you have received already.

    Very best wishes.
  • Hi, can anyone help with this question? my dad was assessed with dementia and could only leave Hospital to go to a residentail home that was dementia registered, this was arranged and he had around a year before he passed away. He had to pay for himself as he had savings, does this quailify for repayment? when I enquired for nuring care the home said he would not qualify so never did it, though he was receiving total care, feeding, incontinence, bathing etc. I am new to this and could not find the Post option so have used reply to thread
  • Hi just joined this forum. I'm rather confused and frightened by all of this. My Mother sadly had a severe stroke just over eight years ago. She was in hospital for a few weeks and then six weeks in a stroke rehab hospital in Wales. We then moved her to a nursing home near us in England. We had to sell her home in North Wales to help fund the fees. All this money and all her savings have now gone. She was initially in Barchester private home but following various thefts (of which the police were not interested) we moved her to a Bupa nursing home. She has been there over six years now and she is partially funded now.
    Just how complicated and difficult is this claiming process? I do have POA. There is no way my Mother could have stayed in her own home. She is paralysed fully down one side. She has lost her left sided vision in both eyes. Her speech is not effected. However, certainly not out of choice would my Mother be in a nursing home. She was only a young 72 when she suffered this stroke and she is one of the youngest in the home. I am worried that 'rocking the boat' might upset the home and also effect the financial help we already get - could they ask us to move Mother? The home is far from perfect but to have move would be too upsetting for Mother.
  • missiemoo_2
    missiemoo_2 Posts: 10 Forumite
    edited 29 August 2012 at 2:56PM
    We, my sister and I, fought our local PCT successfully regarding our father who was in late stage vascular dementia, bedridden, doubly incontinent, unable to feed himself, bullous pemphigoid skin condition, bed sores etc etc. He had his first CC Assessment whilst in hospital February 2009 and the decision was made there and then that he did not qualify for full funding but was granted the nursing aspect of his care paid directly to the care home, which in itself implies that there is a medical need. His follow up assessment should have taken 3 months after the first, according to the NHS Guidelines, but we had to make several phone calls and send begging letters before they would re-assess and this took place in October 2009, 8 months after his initial assessment. Even though dad's condition had deteriorated the same decision was made - does not qualify. However, after much persistence and dogged determination we managed to set up a meeting with the lead nurse of our PCT and a decision was made in our favour, back paid to the original assessment, we feel sure that the initial decision was overturned as the MDT did not follow the correct procedure. I say don't give up and don't allow people to assume that's it's all about the money when the principle far outweighs that!
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