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Deadline for Reclaiming Care Home Fees is Looming

There are only six weeks left to reclaim care home fees.

The deadline of 30 September 2012, for reclaiming care home fees for those who should have been eligible for NHS funding, is fast approaching.

As a result, the local and national press is finally picking up on the issue and generating more exposure which will hopefully get the message out there to those who might otherwise be missing out. This is a tricky area and unlike other refund claims which have attracted national exposure, such as payment protection insurance which can be quite straightforward, expert advice is likely to be required if some is to have the best chance of success.

As Emma Simon, a journalist with the Telegraph & Sunday Telegraph, commented in her recent article; care home fees claims have for the most part largely been ignored by claims management companies. I agree with her view that the reason for this is that “the rules surrounding who may or may not be eligible to get a refund are complex.”

The basic position is that to be eligible you have to demonstrate a primary healthcare need as opposed to a need for social care with some additional nursing needs. Distinguishing between this can be difficult especially for elderly patients suffering from illnesses such as alzheimers or dementia, who undoubtedly need a complete package of care.

It requires a careful analysis of each individual’s medical history and requirements, as compared with the national guidelines issued by the Department of Health to work out whether someone can demonstrate the required high level of medical need.  This is something which takes time and proper consideration, which is why it is important those who may be eligible get access to specialist advice quickly.

At Lanyon Bowdler we want to get the message out there, so that anyone who might be eligible to claim seeks legal advice urgently, to ensure the opportunity is not missed.