This is common belief and causes many families to not make an application for NHS funding. Only Social care is means tested, if you or your family are shown to have a Primary Health Need then the NHS will be responsible for providing funds regardless of your financial position.

The Continuing Healthcare assessment process serves many purposes as well as showing eligibility for funding. It will also ensure all care needs are being met and that the current placement is correct. But do remember that even if your relative isn’t eligible for full funding they make receive the Funded Nursing payment. If there is no recommendation for funding you will better understand CHC and established a base line should your relative’s health deteriorate.

The simple answer is yes. The Care Act 2014 is centred around 6 principles designed to protect vulnerable people like your husband and we would expect both Social Services and the NHS to ensure he was correctly assessed in any case.

Sadly, this “best interest” approach is not always followed, and relatives have to make the request. In these cases, you are an “interested 3rd party” and your opinion MUST be taken into account.

The weekly payment of £187.60 is made directly to the nursing home when a resident shows some but all the characteristics of a primary health need. Whether this contribution is set against the weekly cost for your aunt is dependent upon the contract that was issued. We would advise speaking via us to our partner firm Ormrods Solicitors to review the contract as your aunt may be due a substantial refund.

The CHC process is in 2 parts and it’s common for Social Services to perform the first stage known as a Checklist. However, if you hold a Lasting power of Attorney for either Health/Welfare or Property/Finance you would have a legal right to be involved in the process. Health/Welfare attorneys have an express right to be involved at all stages. Property/Finance Attorneys have to ensure any bills they pay are correctly charged- in other words was the process correctly followed.

weeks paid care for your father after which the CHC assessment will take place. This deferment period is designed to allow your father to settle down and make sure any assessor sees him as he will be going forward and not as he was in hospital. You will not have to repay the cost of this stay.

This is misleading and far too common an occurrence. Full funding is available to your mum, if she has a “primary health need”, in whatever setting is suitable, that includes Care Homes, Nursing Homes and even her own home. There is every chance she would be able to stay where she is even if she was awarded full CHC.