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Care home fees. Are you eligible for a refund? Time is running out!

Posted on 27 February 2013

Pardoes are urging families to double check any care home fees that have been paid for elderly relatives, as claims for refunds for fees paid incorrectly must be made by 31 March 2013.  

It has come to light that many older people and their families have paid care home fees privately, when in fact the NHS was responsible for meeting the cost of both accommodation and assessed health and personal care needs. The NHS is responsible for paying the full package of fees where the person’s primary need is for nursing care.  On review, many families have had the fees they have paid reimbursed by the primary care trust responsible.  

Am I eligible to claim a care home fees refund?

Refunds for care home fees apply where the primary care need was for nursing care, rather than residential care. In order to qualify for a refund, the nursing care required must have arisen primarily in respect of mental or physical health issues relating to disability, accident or illness.

When is the deadline for claiming back care home fees?

The deadline for claims in respect of care home fees paid between 1 April 2011 – 31 March 2012 is the 31 March 2013. The person in receipt of the care or a family member can make a claim for the repayment of care home fees if they believe that the NHS should have paid for the care.

Heledd Wyn, solicitor in the Private Client team at Pardoes comments: “It is vitally important that anyone who believes that they, or a relative, should have been assessed for NHS continuing healthcare funding brings their claim before the 31 March 2013 deadline”.  

Heledd adds: “Even if you are unsure whether this applies to your particular circumstances, it is worth investigating the matter with a solicitor. Many families have spent thousands of pounds on care each year, and some payouts have been in excess of £100,000, as the costs of all nursing and accommodation fees paid from 2004 are recoverable, if a case is successful.”

How do I apply for a care home fees refund?

For further information on claiming back a refund on care home fees, contact Heledd Wyn, Private Client Solicitor on 01278 454985 or email heledd.wyn@pardoes.co.uk

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