RECLAIMING RESIDENTIAL CARE FEES


I WANT TO KNOW ABOUT RECLAIMING RESIDENTIAL CARE FEES

If you or a loved one have paid out for residential care or nursing fees, you want to be sure that you are not paying when you don’t have to.  Many people have been adversely affected by what has been publicly referred to as a “postcode lottery”.

Even if your loved one has died or if you no longer require the care you once did – you could still be entitled to a refund.

By working on a no-win no-fee system directly with us you have nothing to lose and everything to gain by getting in touch and letting us assess whether you are owed anything from the NHS.

WHAT WE DO

  • We will send a detailed letter to the NHS Primary Care Trust setting out the legal basis for the claim.
  • If they refuse to accept responsibility we will consider a “Strategic Health Review” which is an independent medical review conducted either by oral or written hearing.  We would of course fully represent you at this hearing.
  • If the Strategic Health Review is successful then the Independent Review Panel will order some or all of the care fees to be refunded depending on their finding.
  • If the Strategic Health Review is unsuccessful, then we don’t just stop there.  Once we have the finding we can then submit a claim to the Health Service Ombudsman who will review the entire case.  The Health Ombudsman has the power to overturn any and all previous decisions and can again award full or partial refund of any care fees paid.
  • If we still do not receive the result we think you deserve then we can issue County Court or High Court proceedings against the NHS PCT.

WHAT YOU NEED TO DO

Whatever you decide to do you need to act fast as the deadlines are fast approaching.

For claims between 1st April 2002 – 31st March 2011 claims must be registered (begun) with the Primary Health Care Trust by 30th September 2012.  And for claims between 1st April 2011 and 31st March 2012 claims must be registered by 31st March 2013.

  • Call us NOW for a free no obligation chat
  • Complete a detailed online questionnaire and medical authority and send it back to us
  • If required apply for an Enduring Power of Attorney or Lasting Power of Attorney
We do the rest.

FREQUENTLY ASKED QUESTIONS

HOW LONG WILL IT TAKE TO COMPLETE MY CLAIM

Due to the complex nature of  these particular claims, they are unlikely to be settled quickly and it can take many months, even years to settle.

HOW MUCH DO YOU CHARGE FOR YOUR SERVICES?

We work on a no-win no-fee system which means you do not need to pay us a penny until we obtain the refund you are owed.  Once that is received we charge just 25% + VAT of the monies that we are able to recover on your behalf.  This includes everything we have done on your behalf throughout the entirety of the claim.

MY LOVED ONE WAS RECEIVING CARE A LONG TIME AGO – CAN I STILL CLAIM?

Yes but you must act fast.  The deadlines are set out below.

For claims between 1st April 2002 – 31st March 2011 claims must be registered (begun) with the Primary Health Care Trust by 30th September 2012.  And for claims between 1st April 2011 and 31st March 2012 claims must be registered by 31st March 2013.

MY LOVED ONE HAS DIED BUT I THINK THEY WERE ELIGIBLE FOR A REFUND

As long as we are still able to obtain copies of all the medical records in your loved one’s case then we are able to make a claim on their behalf with any monies due being paid to their estate in the usual way.

I THINK MY LOVED ONE IS ELIGIBLE BUT THEY LACK THE MENTAL CAPACITY TO MAKE DECISIONS AND INSTRUCT SOLICITORS”] This is not an unusual situation and we can take instructions from someone who holds a Lasting Power of Attorney of Enduring Power of Attorney.

If you do not have either of these but would like to make one, then we can assist with this quiet separately to your Care Fees Claim.  Please see POWER OF ATTORNEY for more detail or contact us for a free no obligation chat.

WE HAD TO SELL OUR HOUSE TO PAY FEES – CAN I GET MY HOUSE BACK?

In short the answer is no.  BUT, importantly you would be entitled to reclaim the fees paid from the sale of the house.  We are also able to consider reclaiming any consequential losses such as Estate Agent or Solicitor fees.

WE HAVE ALREADY BEEN ASSESSED BY THE PCT CAN WE TRY AGAIN?

We can check the guidelines have been complied with and even if it has we can ask for your case to be re-assessed in various situations.  Of course is your medical condition has deteriorated or if material circumstances have changed then this will allow us to ask for reassessment.