Care Fee
Claims FAQs

If an individual’s primary need is for health, they will be entitled to Continuing Health Care and their care fees will be fully funded by the NHS. Eligibility is not dependent on a particular disease, diagnosis or condition.

In order to determine whether an individual is eligible for Continuing Health Care, a comprehensive assessment of their health needs is required which will determine whether health service support may be needed. An assessment will therefore be required when an individual is either discharged from hospital, or where there is a significant deterioration in the physical or mental health of that individual.

The assessment of needs should involve input from all relevant healthcare professionals, such as rehabilitation managers, case workers and many others (together forming the Multi-Disciplinary team) who are involved in the care regime. The family of the individual should also be involved in the assessment process.

The Multi-Disciplinary Team will assess the individual’s health needs before making a recommendation on eligibility, which is not means tested.

Once we have received all the information we will carry out a free initial health assessment, we promise to write to you with our advice within 7-14 days.

No, a person is entitled to NHS Continuing Health Care regardless of where the care is provided. A claim can be made at a person's own home, residential home, EMI home, hospice or a nursing home.

If your relative is found eligible for NHS continuing health care then the NHS will be solely responsible for paying your relative's fees.

If your relative is a patient in a residential home, it is possible that he or she may be transferred to a nursing home, so that the correct level of care can be provided.

The Registered Nursing Care Contributions scheme is a care contribution payment.

The NHS contribute a set rate towards a person's nursing care, whereas the NHS will fully fund a person's care if they are eligible for NHS Continuing Health Care.

If your relative has already been assessed, but was not found eligible for NHS Continuing Health Care, you may be able to appeal this decision.

If the patient was found to be eligible for NHS Continuing Healthcare, then the NHS will be solely responsible for paying the patient’s fees. If, unfortunately, the patient has passed away and you are making a claim on behalf of their estate, then the reimbursement will be made payable to the patient’s representative(s).

Yes, to pursue a claim you will need to be in possession of one of the following documents:

• an Enduring/Lasting Power of Attorney;
• a Deputy Order (from the Court of Protection);
• a Grant of Probate;
• Letters of Administration.

If you are not in possession of any of the above documents, our in-house team will talk you through each step of the way.

Court proceedings cannot be issued until the internal review procedure has been exhausted.

However, it is very unlikely that your claim will need to go to court, as most claims will be resolved during the internal review procedure.

NewLaw Solicitors offers a no obligation, confidential and completely free initial health needs assessment of your case.

The Department of Health has introduced various deadlines for people who think that they or their relative may have been eligible for NHS Continuing Healthcare for certain periods.

Please contact us for more information and our dedicated team will be able to advise you further.