People who should have received free NHS Continuing Healthcare, but have instead paid for care or nursing home fees, have until 30th September 2012 to request an assessment of eligibility with the relevant Primary Care Trust (PCT) warns Adams & Remers LLP.

Simon Janaway solicitor at Adams & Remers comments: “This September deadline relates to cases between 1 April 2004 and 31 March 2011 and claims may also be made by the executors on behalf of the deceased’s estate if they have since passed away.”

“In many cases a claim could run into thousands of pounds so it is certainly worth investigating if a claim could exist. The largest claim I have personally dealt with was where I recovered just under £200,000 in back-dated care home fees for a gentleman who was wrongly refused NHS continuing Healthcare several years earlier.The rules around what allows a person to qualify for NHS Continuing Healthcare can be complex which is why many people and their families may be unaware that they should have received it.”

“In my experience the owners of many care homes are also unsure of the rules around how an individual qualifies for NHS Continuing Healthcare and may therefore not alert them or their relatives to this, so specialist advice may be needed and also assistance with gathering the evidence and making the claim.”

Simon Janaway concludes: “For cases between 1 April 2011 and 31 March 2012, there is a second deadline of 31 March 2013 when the request for an assessment must be made. Anyone who thinks they may qualify shouldn’t be afraid to challenge a decision if they think it is incorrect because many decisions have been successfully overturned in the past.”