If you find  yourself  in the position of no longer being able to care for yourself alone, you may be looking at the options provided by a care home.

 

Care homes, whether state or privately run, now provide the care previously provided in a hospital setting and so used to be available free of charge under the NHS.

 

The cost of care fees is enormous and often means that you face the prospect of either your home being sold or  your life savings becoming rapidly depleted.  But there are steps that can be taken to minimise this, including obtaining free care from the NHS.

 

If your primary need for care is  “healthcare” then under the new National Framework Eligibility Criteria you could be entitled to receive free care from the Primary Care Trust of the NHS (PCT) regardless of your financial means.  This is called “NHS Continuing Care”.

 

Your eligibility is assessed against a National Decision Support Tool to ensure uniformity of approach and to look at all aspects of your mental and physical health care needs in assessment.  A decision is then taken regarding eligibility.  If you are eligible then your care is  provided free of charge, as long as you continue to meet the criteria. It is also possible to receive Continuing Care in your own home if you are eligible. 

 

No one should move into a care home setting without checking their eligibility.  This could save you thousands of pounds and ensure that the assets you worked hard to acquire are preserved for the future.  If you are assessed and found not to meet the criteria, you can appeal against this decision.

 

If you are already in a care home and paying for your own care either in full or in part then it is still possible to request an assessment, and you may even be able to claim reimbursement for fees already paid, retrospectively.

 

Alternatively you could find that you are entitled to receive a contribution towards your fees by obtaining a Free Registered Nursing Care Contribution.

 

Of course everyone receiving care services is entitled to receive a contribution from the Local Authority,  following a financial assessment of means, if their capital savings fall between £23,000 and £14,000, after which you are no longer required to contribute from capital, but you may be required to contribute from any income you receive.  There are also a number of Welfare Benefits which can help.

 

It is always worth checking that you are receiving all the support and financial help that you are entitled to.

 

PCTs and Social Services have a myriad of procedures which makes voicing your concerns and challenging decisions difficult at any time, not least when you are faced with all the emotion and distress of a life changing move into care and so it is a good idea to obtain some good advice.

 

Foot Anstey solicitors have a dedicated team  of solicitors specialising in providing robust, comprehensive and sympathetic legal advice for older people, their families and carers. We have experience in advising and assisting clients on all legal issues concerning elderly client care  ranging from assessing an individual’s entitlement to care, submitting requests for assessment and challenging PCTs refusal to fund care for an individual.

 

Contact us

 

If  you would like to know more about any of the issues raised then you should contact a member of the Elderly Care Team for a free initial telephone discussion and we will do our best to put you at ease and advice on the best course of action.

 

We are happy to make home, care home or hospital visits for those unable to attend appointments at our office.

 

 

Asha Beswetherick

 

Tel:  01752 675021 

Email: asha.beswetherick@footanstey.com

Foot Anstey Solicitors

Salt Quay House

4 North East Quay

Sutton Harbour

Plymouth

Fax: 01752 675500

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