Are you eligible for NHS continuing healthcare?

 

Who is eligible for NHS continuing healthcare?

NHS continuing healthcare is a package of care arranged and funded solely by the NHS, which can be received in hospital, a nursing home or at the individual’s home. This is often described as ‘fully funded care’.

If you demonstrate a primary health need then the NHS must pay for your care in full, regardless of your personal wealth. To qualify, you must demonstrate your needs are:

  • Complex, intense or unpredictable 
  • Not incidental or ancillary to the accommodation your local authority is under a duty to provide or 
  • Not of a nature typically provided for by a social services department.

Where the primary need of the individual is a health need, then the responsibility is that of the National Health Service.

Therefore, if someone is in a nursing or care home because of physical or mental health needs they may be paying fees that should be funded by the NHS.

 

What if you are not eligible for NHS continuing healthcare? The capital limits.

It is the local authority (social services), rather than the NHS who are responsible for the care. Unlike the NHS, social services are able to assess the individual’s ability to pay. This will mean that they do a financial assessment.

If a person has savings which amount to more than the upper capital limit (set out by the National Assistance (Assessment of Resources) Regulations 1992 as amended), they have to pay the full cost of their care home placement until their savings reduce to that amount. The capital limits are different in England and Wales.

In England and Wales the upper capital limit is £23,250. Savings of less than £14,250 are ignored. A person who is in between the capital limits will have to make a contribution to their care costs on a tariff rate depending on how much they exceed the minimum.

Your savings include any money in bank and building society accounts, stocks and shares, and property (land and buildings). Any joint ownership is counted according to that person’s share.

If you are not eligible for NHS continuing healthcare and you are receiving care in a care home that provides nursing care, you should receive NHS funded nursing care which is a contribution towards the nursing home fees. Read more.

 

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ContactLisa Morgan

Lisa Morgan

Partner

E lisa.morgan@hughjames.com

T 029 2022 4871


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How to claim back care home fees

Lisa Morgan discusses care home fees on the One Show

Nursing Care Fees Enquiry Form

Complete our short nursing care fees enquiry form and we shall contact you to let you know if you have a claim and how we can help.

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