War veteran recovers 8 years of wrongly paid nursing home fees
Hugh James solicitors recover £250,000 of
wrongly paid nursing home fees
20 | 03 | 10
The family of Mr Leslie Terry, with the help of Hugh James
solicitors, have recovered wrongly paid nursing home fees that
should have been paid by the NHS.
Eighty-six year old Mr Terry, is a war veteran and worked for
the NHS for 40 years. He suffers with Alzheimer’s disease, was
admitted to Kent and Sussex Hospital in Tunbridge Wells in October
2002 after being found collapsed at his home suffering with severe
pemphigoid. He was later transferred to Sevenoaks Hospital
and the family were informed that he could not return home.
Mr Terry was then admitted to the Gloucester House Nursing Home in
Sevenoaks, Kent in December 2002.
Mr Terry suffers with Alzheimer’s
disease, and dementia and as a result of his illness, he is
agitated, totally confused and disorientated in time and place. He
is totally immobile and not been out of bed for over four years,
also at risk of choking and unable to verbally communicate. On
admission, he suffered with multiple skin lesions which required
daily dressing and cleaning. His family, helped by Hugh James, had
to prove that he had ‘health needs’ which meant he was entitled to
NHS Continuing Healthcare and did not have to pay an average of
£3500 per month for his long term nursing
care.
Continuing healthcare is where the
NHS is responsible for, and fully funds care. It mainly affects
very ill patients, often elderly, in nursing homes. It can also
apply if a person is in hospital long term or needs nursing care at
home.
Mr Bryan Talbot, Mr Terry’s nephew
and registered Attorney said: “My uncle has received first class
care at Gloucester House however I was never aware of the
possibility that my uncle could have his fees paid by the NHS. In
2008 I found out about Continuing Care and I immediately took
steps. My solicitors asked for a full assessment. I felt it was
clear that my uncle’s health needs meant that he should be the
responsibility of the NHS. I am amazed that despite my uncle having
annual assessments, the NHS did not inform me about available
funding and it’s important that people take advice.”
Lisa Morgan, Associate with the
Specialist Nursing Care Team at Welsh law firm Hugh James acts for
Mr Terry states: “It is disappointing that families are still being
wrongly charged for nursing care and in many cases, they are forced
to sell their family home to pay. To date, we have recovered
over nine million pounds in nursing home fees on behalf of our
clients.”
Lisa Morgan adds: “Hugh James
currently represents over 2000 people claiming they have been
wrongly charged nursing care fees. Under current government
policy, there should be a full assessment on health needs, which
determines whether they should pay for their nursing care
fees. That is not happening in many cases and families are
simply asked to complete a financial assessment. With the cost of
nursing homes averaging £675 per week, families are left with huge
fees to pay.”
“Mr Terry was regularly assessed by
the NHS, however they failed to find him eligible for NHS
Continuing Healthcare. The family was not aware that fees
could be paid by the NHS. Under current policy a person should be
the responsibility of the NHS if their primary need is health.
There is a clear disparity across the country, despite national
guidance, Primary Care Trusts still apply their own judgement to
determine whether someone is eligible.”
Key Facts:
- If you are eligible for NHS Continuing Healthcare, you do not
make any contribution towards the long term care fees. The NHS pays
the whole cost and it applies if a person is in hospital, care home
or in their own home.
- If a person is not assessed as eligible for NHS Continuing
Health care and has capital over £23,250 (£22,000 in Wales), they
have to pay for all the care fees.
- If you have capital between £14,000 and £23,250 (£20,075 and
£22,000 in Wales) you will have to contribute towards the cost of
care.
- When you fall below £14,000 (£20.075 in Wales) you do not have
to pay fees from your assets, but income from pensions and benefits
must be paid towards the care fees.
- The average weekly cost for care, per person, is £600. As
an example, if 500 people have been incorrectly paying for care for
one year, then they are owed approximately £15m in
total.
- Hugh James currently represents over 2000 people claiming they
have been wrongly charged nursing care fees in England and Wales
and have recovered over £9 million in wrongly paid nursing home
fees to date. The average amount recovered per family is
£50,000.
For further information contact:
Lisa Morgan
Partner
E lisa.morgan@hughjames.com
T 029 2022 4871