Points of Law: 10 things you should know about care fees

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Lawyer Amy O’Sullivan from Seatons Solicitors in Corby writes for the Telegraph.

If you are considering paying for a care home, here are 10 things you need to know

Funding Care There are different ways care can be funded. This includes private funding, NHS funding and local authority contribution.

Financial Assessment This is carried out by the local authority based on your assets and income. Before this is done, an NHS checklist should be carried out to determine if you have a health need.

Means Test If your assets are less than £14,250 then the local authority will meet the cost of care. Between this and £23,250 they will pay a contribution.

Property Disregard There are certain circumstances where your property should be disregarded when calculating your assets.

NHS Funding If you have a health need rather than a social need then the NHS should meet the cost of care.

Nursing Contribution Your health needs may not meet the eligibility for NHS Continuing Healthcare and may pay a contribution for nursing needs.

Lack of Assessments It is common knowledge that the NHS can ignore its duty to undertake the relevant assessments to determine whether someone should have their care funded.

Hospital Admissions This is a common situation whereby the NHS does not fulfil its assessment duty.

Retrospective Claim If you believe you shouldn’t be paying for your care you can commence a claim for care fees already paid.

Appealing Decisions You have the right to appeal an NHS decision if you believe you have been assessed incorrectly.

If you would like further information on the above, then please do contact Seatons.