New Deadline Introduced for Care Fees ClaimsPrintPdfClose »

27/04/2012

Many of us are only too aware of the exorbitant costs of funding a care home placement. Some of us are aware that there may be financial recompense from the NHS where an individual had a primary healthcare need and was subsequently wrongly charged for care, which, legally, should have been funded by the NHS. But, the new question is how many of us are aware of the somewhat stealthily introduced Department of Health (DoH) deadline for retrospective Continuing Healthcare claims?

The DoH has issued a statement to the Strategic Health Authorities (SHAs) and Primary Care Trusts (PCTs) that they should undertake to advertise these deadlines locally. However, it is unclear, in practical terms, how this information will filter down to those personal representatives or families whose relatives have long since died in care. The sad fact is that thousands of people with relatives who died whilst either in a care home or received a package of a care at home could lose out because of these scantly publicised deadlines.

The DoH issued a letter to PCTs and SHAs on 15th March 2012 advising that the existing retrospective review cut off dates of 1st April 2004 is to be brought forward some seven years to 31st March 2011. This means you will have a mere five months in which to bring your case to the attention of your local PCT, if you wish to make a claim for this period. After the 30th September 2012 deadline, claims can only be backdated to 31st March 2011. At the time of writing, it is unclear what the position will be in Wales and this deadline therefore applies to England only. This is a considerable shift in policy given that the previous cut off point was 1st April 2004.

 

The rationale behind the decision of these revised deadlines is that, whilst PCTs currently have the responsibility for decision-making and the assessment of Continuing Healthcare, the recent passing into English Law of the Health and Social Care Bill will mean that, from 1st April 2013, this responsibility shall be transferred to Clinical Commissioning Groups (CCGs). These CCGs (formerly known as the much criticised GP consortia) are groups of GPs who will be responsible for designing local health services and will manage local budgets accordingly. It is hoped, therefore, that these deadlines will facilitate a smooth handover from PCTs to CCGs. Whilst the DoH has said that Continuing Healthcare eligibility will not be affected by these changes, it remains to be seen whether this will be the case.

If you or a loved one has been affected by the issues raised in this article, then contact WBW Solicitors who will be pleased to assess the merits of your case. WBW is pleased to work in conjunction with Jeanette Roberts who is a leading NHS Continuing Healthcare Specialist and Director of First Care South West. For further information, call us today on 01626 202404.