Funding Care

There are different ways in which care fees are funded. We have detailed the most common below. You should be aware of these and the obligation of the NHS to rule out that your relative does not a health need before the Local Authority can begin financial assessments. It is not uncommon to be told that because you have your own property, you will have to fund your care.

If you want further information or advice please call us for a no obligation chat on 01536 276300 or use our online enquiry form.

Continuing Healthcare

When your relative has a Continuing Healthcare assessment it could indicate that they have a primary health need (rather than a social care need), in which case the NHS are under a duty to meet the full cost of your care. This is known as continuing healthcare. Before any financial assessment is undertaken, a Continuing Healthcare Checklist should be completed to determine whether a full assessment for  NHS Continuing Healthcare should be carried out.

To begin this process, the family should request for a NHS Checklist to be undertaken. However, if your relative is in Hospital, legally a NHS Checklist should be completed before they are discharged.

The NHS Checklist will create an overview of the persons health needs. This Checklist will indicate whether a full assessment, known as a Decision Support Tool, should be undertaken.

The full assessment is known as a NHS Decision Support Tool and is a lengthy assessment taking all aspects of the individual’s health into consideration. The primary health needs test is then applied to make the final decision on eligibility which focuses on the nature, complexity, intensity and unpredictability of your relative’s health needs.

If you require any assistance regarding residential care fee assessments, please do not hesitate to contact us. If you are unhappy with a decision, you have the right to appeal.

Financial Assessment

Should your relative not be eligible for NHS Continuing Healthcare, the individual will have a financial assessment relating to their assets. This will involve the Local Authority looking into the income and capital to calculate how much the individual should pay for care. Your financial standing is based on savings, pensions and any property you may own.

No matter how much you have to pay towards your care home fees, you have to receive £23.50 attendance allowance per week to spend as you like.

If you have over £23,250 in capital (such as property or savings) you will assessed as being able to meet the full cost of your care. Your capital is assessed in the following way:

– Over £23,250 – Assessed as being able to meet the full cost of care

– Between £14,250 and £23,250 – You will receive some assistance with your care costs. You will receive £1 per week for every £250 of your assets

– £14,250 or below – Your assets are ignored for the purposes of calculating how much you should contribute towards your care and you will not be liable to pay care home fees.

The value of your house will not be taken into consideration if certain relatives still reside there such as a spouse or dependent child. It is not unknown for the Local Authority to ignore this and take the property into consideration. If you own the property as joint tenants, the Local Authority cannot take the value into account as legally, you do not own the half share in comparison with tenants in common.

Temporary accommodation should not be charged for. This is when the stay is likely to be less than 52 weeks. In this instance, certain assets, even if owned outright (such as property) should be disregarded.

Nursing Homes

If your loved one is placed in a nursing home and required to meet the cost of their care, following a negative NHS Checklist or Decision Support Tool, then the NHS will pay £100 per week towards the fees to cover the nursing factor of the cost.

This is paid directly to the nursing home. However, you should question whether the nursing contribution is taken off the care fees as many care homes just take this as an additional payment. This will depend on the contract signed between the resident (or representative) and the care home.

How We Can Help

If your relative is paying for their home care home fees, and you believe that they have a health need and instead should be funded by the NHS, then please do get in contact. We work on fixed fees so from the outset you know the cost of our legal services.

We work on a tiered cost basis depending on what service you require. Furthermore, if you are looking at the current eligibility, there may be a retrospective claim and we may be able to work on a no win, no fee in this circumstance.

You should bear in mind the cost of care against the potential savings should we prove that your relative has a health need and should be funded by the NHS. The legal cost of providing our advice is probably half a week’s care costs, and it could result in a retrospective payment (plus interest) of when your relative entered care, plus the fact that the NHS will pay for the future cost of care.

Area

Residential Care Home

Nursing Home

England – Average

£532

£750

North East

£471

£597

North West

£468

£663

Yorkshire

£463

£624

East Midlands

£506

£618

West Midlands

£495

£708

East of England

£564

£800

London

£598

£821

South East

£594

£869

South West

£551

£764

Scotland – Average

£555

£685

Wales – Average

£491

£650

Northern Ireland – Average

£466

£570

Local Authority Capital Limits

If you, or a loved one, go into care, you are allowed to keep a certain amount of capital assets that the Local Authority can’t touch. Please refer to the table below that shows the Local Authority capital limits for England, Scotland, Wales and Northern Ireland. Any assets or capital that are below the lower capital limits cannot be claimed by the Local Authority.

Local Authority Capital Limits

Tax Year 2013/14

England

Lower

£14,250

Upper

£23,250

Personal Expense Allowance (p/w)

£23.90

Scotland

Lower

£15,250

Upper

£25,250

Personal Expense Allowance (p/w)

£23.90

Wales

Set Standard Limit

£23,750

Personal Expense Allowance (p/w)

£24.50

Northern Ireland

Lower

£14,250

Upper

£23,250

Personal Expense Allowance (p/w)

£23.90

NHS Nursing Care

The costs of NHS Nursing Care are set out below. This is care provided by a registered nurse.

NHS Funded Nursing Care – Per Week

Tax Year 2013/14

England

Nursing Care

£109.79

Scotland

Nursing Care

£75.00

Personal Care

£166.00

Wales

Nursing Care

£120.55

Northern Ireland

Nursing Care

£100

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