Elder law

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Nursing home fees - Who's paying, you or the NHS?

Practice group: Elderly client legal services

01 March 2006

PRESS RELEASE

Many people, especially the elderly, who are currently paying for their own care in private nursing homes are entitled to have the full cost met by the NHS, according to elder law specialist Sue Normanton of Thames Valley solicitors B P Collins.

As highlighted recently by the BBC's Panorama programme (broadcast on 5 March), although the NHS is legally required to pay for all of your care if your needs are primarily health-related, there are plenty of examples of people being expected to fund this out of their own pocket. The NHS publishes local 'eligibility criteria' setting out who is and who is not eligible for free care in their area but there is concern that many of the criteria currently in operation are unlawful. As a result, people who should qualify are being told that they are not eligible because their care needs are social and that the associated costs must be met at their own expense.

Sue, who is also a member of Solicitors for the Elderly, a national association of specialist lawyers advising older people, commented: "No one should move into a nursing home setting without checking that they qualify. If they're told they're ineligible, they should ask for the decision to be reviewed and seek advice - the stakes are high when you consider that care fees can range from £450 to £1500 per week. Unfortunately, final appeal is to the NHS Ombudsman or through the court, but this can take years and, in the meantime, an elderly person may have had to sell their home to fund their own care and perhaps even died."

For further advice, contact the healthcare team at B P Collins on 01753 279073.

ENDS

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