Local Authority Care or NHS Continuing Care?

The rules relating to care home funding are complex, but our specialists may be able to help to reduce or stop the charges altogether, and in some cases even have charges refunded regardless of means testing.

If your primary need is for health care and you qualify for NHS funding then the NHS should pay for all the costs, even if you have the means to pay yourself.

Case Study One

You may just need to be pointed in the right direction

Mrs B had both physical and mental problems and needed a lot of care and supervision to keep her safe, which cost £50,000 a year, and was paid for out of her own assets. Armed with our specialist advice the family approached the NHS who granted Mrs B NHS funding to cover the costs of all her care in her own home.

Case Study Two

You may need help to challenge a funding decision.

Mr A suffered a massive stroke in 2005 and moved into residential care. After his death in 2007 we launched a comprehensive challenge to the NHS’s funding decision. As a result the NHS paid back tens of thousands of pounds of care costs for the two years Mr A had been in care.

How can we help?
  • We can meet with you and review potential eligibility for care.
  • We can guide you through all stages of the process.
  • We can build your case for establishing a primary health need for presentation at panel hearings, or we can attend on your behalf.

If your primary need is not health care but rather personal and social care (such as help getting dressed, washed and with meals) then your Local Authority are probably responsible for your care, not the NHS. Local Authority care is means tested.

How can we help?
  • We can advise what assets should and what assets should not be taken into account in Local Authority means testing.
  • We can challenge means testing decisions, such as whether your property should really be included in the means test.
  • We can advise on all aspects of care provision for older people from care at home to a move into residential care. 
  • We can advise on the state funding rules for these options and explain what rights you have.
  • We can also help review existing funding arrangements.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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