Care Fees: Refund Window Closing
Many local residents are at risk of missing out on reclaiming the cost of their care according to law firm Foot Anstey.
Increasingly the elderly are bearing the costs for their residential care because they have been incorrectly assessed for help. In some cases the Primary Care Trust (PCT), on behalf of the NHS, must refund the elderly person or their estate if they have died.
Last autumn the PCTs imposed a "cut off date" to limit their obligation to deal with these retrospective continuing care claims, namely 30 November 2007, so that no claim received after that date relating to the period prior to April 2004 would be considered.
In addition, the PCTs have said that all outstanding claims must also be resolved by 31st March 2008.
However anyone who missed the date for claiming back the cost of their care could challenge the Local Authority or Primary Care Trust.
Michelle Biddulph solicitor at law firm Foot Anstey said “We believe these cut off dates are open to challenge as legally the PCTs, or any other body, cannot introduce a cut off date for making claims which are inconsistent with the limitation date.
“The limitation imposed by the PCTs should have been adequately publicised. Withholding the publicising of the date leaves it open to challenge, in our experience.
“Another difficulty is the legal status of any potential action upon which the applicants make their claim.
”Foot Anstey’s advice to claimants is to raise a claim for retrospective review of the continuing care in writing as soon as possible.”
For more information or advice, contact Michelle Biddulph
