Clock ticking for families to reclaim care home fees

THOUSANDS of families forced into debt to fund care home places for ill relatives have less than three months to claim their money back from the NHS.

It is estimated that 155,000 people or 41 per cent of care home residents are self-funders with fees averaging £25,000 a year. However, care home experts say too many have been charged for places that should have been funded by the NHS.

Families now have a strict deadline of 30th September to try and claim back fees paid covering the period between April 1, 2004 and March 31, 2011.

Although it is estimated that as many as 100,000 people are eligible to reclaim funding, so far only 5,750 people have won cases over the past five years.

Andrew Farley is a lawyer at Farley Dwek who represents families applying for reimbursement of fees. He said:

“We’re dealing with hundreds of cases from people that have wrongly paid fees for their elderly relatives. Some have been forced to sell their family homes to pay for care when in fact the NHS should have footed the bill. Even if the person is now deceased, families can still reclaim money that is rightly owed to them. It’s a national scandal that’s been swept under the carpet. The fact is, if a person is in a care home primarily for health reasons, then they should be eligible for funding.

“When choosing a care home for a relative, you’d expect to be given the correct advice about funding. Unfortunately, in too many cases this has not happened. It is now up to families to see if they are entitled to reimbursements for funding. This is a strict deadline, so it is vital that families act now and register their claim by 30th September. Potentially millions can be reclaimed.”

Complex rules governing funding and a postcode lottery mean too many people have been forced to pay for care themselves. The rules state if a care home resident’s needs are primarily for healthcare, then they are eligible for NHS funding.

Patients who are in a care home due to a medical condition should be assessed using either local pre 2007 or national guidelines post 2007.

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Shoddy paperwork causes thousands of OAPs to lose their homes

SHODDY paperwork and poor procedures in the care homes industry and NHS meant thousands of old age pensioners lost their homes between 2004 and 2011, say legal experts.

More than 30,000 people sold their home last year to pay for care home costs but many of them should have had their fees funded by the NHS.

Patients in care homes are supposed to have their care – and funding – reviewed and recorded on a regular basis but more than 5,000 families say these reviews never happened.

The NHS admits blundering and has set a deadline of September 30th 2012 for families to reclaim cash they are owed from between April 1st 2004 and March 31st 2011.

Lawyers say millions of pounds are up for grabs and as many as 100,000 people are eligible to reclaim funding but only 5,750 people have taken up cases so far.

Andrew Farley, director at company Farley Dwek, is acting for families affected by the mistakes:

“This is a national scandal affecting many thousands of families across the country. A series of administration blunders in the system means that many people have lost their home or their inheritance needlessly. Even if the person is now deceased, families can still reclaim money that is rightly owed to them.

“It is no surprise that the NHS is trying to keep the lid on this compensation scheme and the onus is on families to step forward and lodge a claim before the deadline expires on September 30th 2012.”

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