CHC assessments are on hold! Continuing Health Care Solicitors

Is your relative a self-funder?

Do they have care needs?

Call the team at Steene Law now – 0203 653 0623

We will advise you on your relative’s rights to care and what you can do to ensure they are not landed with a hefty bill once this crisis has passed.

The new Coronavirus Act means huge changes for any vulnerable elderly person who requires care – either in their own home or in a residential home.

Have you heard that because the Government is abandoning Continuous Health Care Assessments, all elderly care is now free?

What is a self-funder and why does this matter?

A self-funder is someone who has more than £23,250 of savings or, if they need to go into residential care, this also includes the value of their home.

Although the emergency provisions may mean they have not received a bill for their care so far, once the crisis is over, they will be expected to pay – unless you can prove they should be exempt.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]If so, you NEED to know how the Coronavirus emergency legislation will affect them.

Their care provision may alter drastically in the coming weeks and months and you need to be armed with the FACTS now.

TALK TO US:

Steene Law specialise only in elderly care law and we will fight on your behalf to protect what is rightfully yours.

We have a whole toolkit of legal solutions that we can use to help you – including many you may not even have heard about.

Please do not delay, please call us now 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you.

We are available from 8am to 7pm, Monday to Friday and will explain your options including how you can fight an unfair LPA challenge.

Our Advice Line is FREE

How will the new Coronavirus legislation affect you and your relatives?

How you relative’s care needs are dealt with in the coming and weeks and months will change significantly. This is because the new Coronavirus Act has introduced a number of emergency powers, which in effect, rip up the current rule book on care provision for elderly and vulnerable people.

To help you understand your rights, the team at Steene Law have put together this Q&A guide to separate fact from fiction.

Expand All Collapse All

Q: I’ve heard on the news that Continuing Health Care will be free – is that right?

A: As with most things in life, there is no such thing as a free lunch!

Let’s explain what’s changing. Currently, patients with social care needs go through a number of stages before they are discharged from hospital. For some patients, one of these stages is an NHS Continuing Health Care (NHS CHC) assessment.

This assessment process can take a number of weeks. So, to help free up hospital beds, the new emergency legislation will allow the procedure for discharge from an acute hospital setting for those with a social care need to be simplified.

No CHC Checklist or Decision Support Tool means that your relative will not receive a bill for their care straight away. But, make no mistake there will be a day of reckoning.

Why do we say this? Here is the Government’s explanation within the Bill, which contains the following specific words: “…… if a Local Authority has not charged an individual for their care during the covid-19 pandemic, they are able to do so retrospectively……..”

Put simply, once the crisis is over, the local authority will tot up the amount owed by your relative and will send them a bill for all their social care.

If, sadly, your relative passes away, it is important to know that this debt does not die with them. The local authority can retrospectively issue a bill which will need to be paid by their estate.

So, to answer the question, CHC is not free. Your relative may not receive a bill straight away but the ‘meter is still running’.

Call the team at Steene Law today and we can tell you how to safeguard your relative’s home and savings.

Call us now 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you.

Q: I’ve heard they are stopping CHC assessments but my relative would almost surely have met the threshold for free care. How do I ensure they don’t receive a hefty bill for care when this crisis is over?

A: You need to start collecting evidence now! This is really important. If you are an Attorney for your next of kin, request their discharge notes. There are other important documents that you will need to obtain which will help you prove that your relative should have been assessed for free CHC, when this crisis is over.

Call the team at Steene Law today and we can tell you what evidence you need to start collecting now to safeguard your relative’s home and savings.

Q: My relative is a self-funder and has been discharged home from hospital. I’ve been told they will receive care in the community. What do I need to know?

A: If your relative has been discharged from hospital to their own home and is being provided with a package of care, they may not initially receive a bill from their local authority. But this does not mean the care they are receiving is free.

Just as with discharge from hospital to a residential home, you might find that the bill for their care is being deferred not cancelled. Once the crisis is over, the local authority will be able to bill your relative for all care received.

If your relative is a self-funder and is not currently being billed by their local authority for their care at home, call Steene Law now.

We will tell you what you need to do to protect your relative from a huge care bill when the crisis is over.

Q: My relative has care needs but, because of the Coronavirus crisis, social services have said their care visits will be reduced. Is this lawful?

A: The Government has said it does not intend to suspend the Care Act upon passing the Coronavirus Bill so, in theory at least, this should mean it’s business as usual for social care.

So as the law currently stands, local authorities should not reduce the level of care they have already put in place. However, because social care will be stretched to breaking point during this crisis, the team at Steene Law believes there could be a negative impact on services to the elderly.

If you are concerned that your relative’s level of care has been reduced to a point where they are no longer safe, call the team at Steene Law.

Q: My local authority has put in place a package of care in the community for my relative but they are not charging them for this. Does this mean their care is free?

A: The same rules apply as for CHC assessments and discharge to a care home. If your relative is not currently being charged by their local authority for care put in place by social services – and they are a self-funder – then they will probably receive a bill for this care when the coronavirus crisis is over.

This is because the Coronavirus Act allows any Local Authority that has not charged an individual for their care during the covid-19 pandemic, “to do so retrospectively after the conclusion of this period subject to financial assessment.”

Q: When do these changes start?

A: Now! The emergency powers are now in force. If you are concerned about how these new powers are being applied to the care of your loved one, please contact the team at Steene Law.

Call The Care Fees Specialists Now

Steene Law specialise in Care Home Fees, especially protecting you from having to sell a property to pay for care home fees.