What Is NHS Continuing Healthcare (CHC)?
Funded by the NHS, CHC covers 100% of care costs for individual with a primary health need – in any setting, so support at home, or in a care home or nursing facility. Unlike standard social care, CHC is not means-tested. This means that, in theory, your home, savings, or income should not affect your eligibility.
The other difference is that your primary care need must be for healthcare rather than social care, which could be for example, advanced dementia at a late stage, Parkinson’s disease, motor neurone disease, or complex illnesses, there is no actual definition of what is covered.
Why are families being let down for CHC?
It sounds simple, but the application process is highly complex, decisions are often inconsistent and families are frequently left unaware that this funding even exists - recent NHS data shows that the proportion of people assessed as eligible for CHC has fallen by 20% since 2015.
Many families pay out of their own pockets for years before discovering too late that they could have qualified for NHS Continuing Care.
As awareness grows, more families are hiring legal help to fight for funding.
The Parliamentary and Health Service Ombudsman has acknowledged that NHS Continuing Healthcare assessments are frequently flawed. Fortunately, families have the right to appeal, and specialist solicitors often report a modest success rate in challenging and overturning incorrect decisions.
If your application is refused, it's essential to request a detailed explanation of the outcome, seek a reassessment where appropriate and ensure that NHS guidelines and assessment protocols were properly followed.
But, even more importantly, you must seek expert advice
NHS CHC is a highly specialist area of law. It might be tempting to cut costs by using a firm that offers “no win no fee” but that can come with significant hidden costs. For example, if a claim is successful, those firms take a substantial percentage of any recovered care fees – sometimes 25% or more. This can result in families handing over tens of thousands of pounds unnecessarily, simply because they weren’t aware of alternative legal routes.
Downs Solicitors can discuss the options if you are seeking help with CHC funding and who may best able to conduct a review or attend the crucial assessments with you for support. Contact us for more information.
Contact Liz Dalgetty
