Frequently asked questions

Yes. You can undertake the whole process yourself and our Free Guide is designed to help you to understand how to work through the process. However, our clients tell us that the process is often difficult, stressful, complex and daunting, which is why we offer a range of specialist services and can act on your behalf at every stage.

As Martin Lewis previously said on his Money Saving Expert website:

“We don’t normally believe in using lawyers or claims handlers for things it’s easy to do yourself, such as PPI Reclaims, as they take a cut of your payout. Yet, even though we think it’s possible to reclaim care costs DIY, we’re not as militant in this case. If you’re struggling and need help, we strongly suggest using a solicitor rather than a claims handler. But never pay up front, and ensure it’s a ‘no-win no-fee deal’ …….While lawyers are regulated, care costs claims handlers are not (some other types of claims handlers are). If you weren’t happy with the claims firm, all you would be able to do is complain to Trading Standards.”

We understand the complexities of the CHC process and a combination of legal and clinical expertise to give our clients the best opportunity to secure funding, either at current assessment or appeal stage.

For more information about our Checklist Support, MDT Advocacy, Appeal or Retrospective Reclaims services, please get in touch.

Currently, if you have assets of more than £23,250, you will have to pay for the costs your care, whether that is care in your own home, or in a nursing or residential care home. The £23,250 threshold will not include the value of your property if your spouse or another dependant is living in your home. But, and this is the most important point to understand – if you think you have ‘primary health needs’, you should have your eligibility for NHS Continuing Healthcare Funding assessed first.

If you are eligible for NHS Continuing Healthcare Funding, you will not have to pay for your care, regardless of your financial circumstances – the NHS will pay.

For more detailed information about your eligibility for NHS Continuing Healthcare Funding, please contact a member of our team, or download our helpful Free Guide.

No, the funding system and rules in Wales, Scotland and Northern Ireland are different and, unfortunately, we do not provide any services or advice to people living in these jurisdictions. We only deal with clients whose care is being funded and provided in England.

There are ways you can legally mitigate your future care costs. However, if you have an impending need for care, it may be too late. Future care planning is important, and it’s a good idea to seek specialist legal advice early on so you can take steps to reduce your future liability. We can help with Independent Financial Advice through Farley Dwek Financial Services*. Get in touch if you need help.

*- Farley Dwek Financial Planning is a trading style of Cheetham Jackson JV LLP, who are an appointed representative of Cheetham Jackson Ltd, authorised and regulated by the Financial Conduct Authority (FCA). Registered Address: 14-16 St Thomas’s Road, Chorley PR7 1HR. Registered in England & Wales number 7071622.

There are two stages to the assessment process.

The first stage is the Checklist which is usually completed by a Social Worker, care home manager or nurse. The Checklist is a preliminary screening tool which is aimed at eliminating those who clearly do not qualify for CHC funding. If the individual scores sufficiently highly on the Checklist, they will automatically progress to the second stage – a Full Assessment.

The Full Assessment – often referred to as “the MDT” – is carried out by a Multi-Disciplinary Team (MDT) of professionals from different backgrounds; usually, a registered nurse and a social worker but sometimes two nurses of different skillsets. The MDT will complete a Decision Support Tool and make a recommendation of eligibility to your local Integrated Care Board. It is the Integrated Care Board that makes the ultimate decision about whether to award CHC Funding.

If you think that your relative may be eligible for CHC, it is vitally important that you understand your rights and know how to proceed with an assessment.

For more detailed information about your eligibility for NHS Continuing Healthcare Funding, please contact a member of our team, or download our helpful Free Guide.

Recent statistics from the NHS indicate that 58,000 people currently qualify for NHS Continuing Healthcare Funding, but with 450,000 people currently in care, we think the number of people who should qualify for funding is much higher – perhaps as high as 150,000. People often miss out on funding in many circumstances, including:

• Being discharged from hospital straight into a care home.
• Those whose eligibility has been assessed and rejected, whose condition subsequently worsened.
• Those who received NHS- Funded Nursing Care (FNC) – which pays for the nursing, but not accommodation – who never had an proper assessment that would also have paid for their accommodation.
• More affluent patients who assumed no help would be available. NHS Continuing Healthcare Funding is not means-tested, so if you qualify for health reasons, you get it.

Don’t miss out!  For more detailed information about your eligibility for NHS Continuing Healthcare Funding please contact a member of our team, or download one helpful Free Guide.

Farley Dwek offer professional help, expertise and support at every stage of the NHS Continuing Healthcare Funding process, from the initial Checklist all the way to Independent Review.

Choose from our wide range of services, depending on the stage of the funding process you are at.

Our charges will be communicated in an entirely transparent way and will, of course, depend on your needs and the work you require us to do. Some services are undertaken on a fixed fee basis and others may be offered on a ‘no win, no fee’ basis.

If you’ve already been assessed and turned down for NHS Continuing Healthcare Funding, you should contact us to discuss a potential appeal. The NHS should have provided you with a copy of the Decision Support Tool, which we can review. Our Appeal Advice Service will help you decide whether to pursue an appeal and discuss ways we might be able to help.

If you have a date for a Checklist or Full Assessment, we may be able to provide advocacy at short notice via our Checklist Support or MDT Advocacy services to give you the best chance of achieving a successful outcome.

Many people have already paid for care before finding out about the availability of CHC Funding. If you or your relative have paid for care and were not assessed for CHC funding at the time, there is provision to reclaim these costs retrospectively, dating back to 1st April 2012. This process can be very laborious and time consuming but we can help.

You should also know that you can recover care fees paid after 31st March 2012, on behalf of a relative or friend who may have since passed away.

For more information about our Retrospective Reclaims Service please get in touch.

Unfortunately, if you do not meet the criteria for NHS CHC Funding, you will be subject to means testing. Depending on your financial situation, you may have to fund your own care.

Currently, if you have assets over £23,250 (excluding your property if your spouse or other dependent is living in the property) then you will have to pay for your care.

If your assets are below the £23,250 threshold, then the Local Authority will pay for your care and is obliged to find you accommodation in one of their care homes. (You will still have to pay some costs if your assets are between £14,250 and £23,250 – see our Free Guide for more detail).

However, eligibility for CHC Funding can and does change over time: just because you don’t meet the criteria now, doesn’t mean you will never be eligible. You can be reassessed at any time, if your care needs change. We are always happy to provide further advice at a later date, if you believe your situation has changed.

If you have to pay for your own care, there are a number of options open to you in terms of the care or residential home you choose and you may benefit from specialist financial advice through Farley Dwek Financial Services* to help you plan for the costs of your care.

*- Farley Dwek Financial Planning is a trading style of Cheetham Jackson JV LLP, who are an appointed representative of Cheetham Jackson Ltd, authorised and regulated by the Financial Conduct Authority (FCA). Registered Address: 14-16 St Thomas’s Road, Chorley PR7 1HR. Registered in England & Wales number 7071622.

Get in touch if you require for more information.