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Our April 2020 Fact Sheet

As a result of Covid-19 our clients have contacted us with a number of queries as to how the Coronavirus pandemic is going to impact on Continuing Healthcare Funding and their relative’s entitlement to funding to meet their care costs.  We have therefore put together this fact sheet with the aim of addressing these questions so that you can make informed decisions.

Is it correct that my relative will now not have to pay for care, as a result of the Coronavirus outbreak?

This is categorically incorrect.  If your relative has assets of over £23,250 they WILL be expected to meet the cost of their care in full, unless it is determined that their need for care is primarily a health need and they are entitled to Continuing Healthcare Funding.

Whilst it may be the case your relative has not received an invoice to pay for care, please be aware it is not the case that this money is not owed,  it WILL be collected at a later date.  A fatal mistake would be to bury your head in the sand and ignore the reality that fees are being incurred and will have to be paid.  The fact they have not been requested during this time of crisis does not mean they will not be.  It is essential to take action today to ensure that funding is secured where an individual ought to be entitled to Continuing Healthcare Funding.

Emergency law has been passed as a result of the Covid-19 outbreak and it specifically states: “if a Local Authority has not charged an individual for their care during the covid-19 pandemic, they are able to do so retrospectively”.

As such, it is also crucial to note that these costs can be recovered retrospectively from an estate.  For example, an individual goes into care and no care costs are paid during Covid-19 and they then sadly pass away, the estate can and will be pursued at a later date for the care costs that have been incurred but not yet paid.

How can Compass CHC help?
It is crucial to determine that an individual’s need for care is a health need and that there is an entitlement to Continuing Healthcare.  This needs to be done as soon as possible, so that at the point where the local authority and or care home seek to recover the care costs incurred we are able to evidence that there was an entitlement to Continuing Healthcare Funding and accordingly the fees should be met by Continuing Healthcare and not the individual from their assets and savings.  This is not a problem that should be ignored because fees are not being charged.

We have assessed your case and believe there is a basis to state that your relatives need for care is primarily a health need.  It is imperative that action is taken today to prevent significant problems tomorrow.  The average cost of private dementia care can now exceed £7000 a month.  A delay of 6 months would result in care costs to be recovered of £42000 at the point in time care fee payments are called upon.  Crucially the opportunity to have gathered key evidence in support of the fact there was an entitlement to Continuing Healthcare at the outset may have been lost if action is not taken immediately.

As experts in Continuing Healthcare for over 5 years, we believe the importance of having us act on your behalf is more crucial than ever.  Therefore we would urge anyone facing this situation to take action today and instruct us to commence the investigation for Continuing Healthcare Funding to enable us to secure the evidence to support a claim as soon as possible.

Don’t delay, contact us today and instruct us to proceed to safeguard your relative’s assets.

Tel: 0121 227 8941
Email: [email protected]

Author: Tim Davies LLB

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