The Department of Health has set a deadline for people to launch claims for the recovery of unfair care home fees paid by elderly sick people themselves between April 1st 2004 and March 31st 2011.
It is thought that thousands of people who paid care home fees from April 2004 could be entitled to some or all of their money back if it’s found that the NHS should have been covering the cost of their care. But they only have until September 30th to register a claim.
The warning comes from Wigan law firm Stephensons Solicitors LLP, who have acted for local people in securing a return of their fees.
Mike Pemberton, partner and head of the Civil Liberties Unit at Stephensons Solicitors LLP, says now is the time to take action or risk missing the deadline. He says: “Under the Continuing Care funding scheme, the NHS should pay the full cost of care if the main reason a person is in a care home is because of their health.
“But some people may have been wrongly charged for care home and nursing home fees and should now be asking their local NHS trust for a review of the fees paid. The September deadline means people only have a small window in which to do so and it also applies even if the person receiving the care has since died.”
Stephensons recently assisted a woman to receive retrospective NHS Continuing Care funding for her late mother who had lived in a care home going back over six years and had paid for her own care by selling her house. She had been refused NHS funding twice. The team advised the daughter and forced a review of the fees, and she obtained over £107,000 in backdated fees.
Mike adds: “We want to raise awareness of this issue now so that people who may be entitled to their money back don’t miss out and have time to look into this and do something about it. Care home fees are incredibly expensive. Some people must sell their homes to cover costs like our client’s late mother. The irony is, like her, they may not have to.”
Stephensons’ community care specialists within the civil liberties unit are experienced in investigating whether a person has a valid challenge against care home fees and can assist people with this matter. The team has been carrying out this type of work for over 20 years and offers a fixed fee for this service, to provide greater certainty for customers.
ENDS
About Stephensons
Stephensons is one of the region’s largest law firms, with 31 partners and more than 350 staff in Manchester, Wigan, Bolton, Leigh, St Helens and Altrincham. The firm’s Civil Liberties Unit is recommended by Chambers UK, an independent guide to the legal profession.
Media information: Lianne Tracey
Stephensons Solicitors LLP
T: 01616 966 229
E: lianne.tracey@stephensons.co.uk