Just when you thought things couldn’t get any worse ….
We reveal why it’s getting even tougher to apply for CHC – and what you can do to increase your chances
As specialist practitioners in Adult Care Social Law we are frequently asked about the chances of getting Continuing Health Care (CHC).
Applying for CHC seems to be rather like an unfair game of ‘chance’ – and it’s not getting any easier.
In fact, if anything, the picture is becoming even bleaker, with successive governments failing to prioritise this worsening crisis.
Free NHS CHC funding for elderly, vulnerable people, who have worked hard and paid taxes all their lives, should be a fundamental right.
An individual who is diagnosed with cancer receives fully-funded NHS treatment. But the same cannot be said of a person who has dementia or frailty due to old age, meaning they need extra care and support.
Steene Law has recently completed a review of some of the latest statistics and they make for bleak reading:
And if you think that’s bad enough, take a moment to consider the Government’s most recent declared intentions.
In October 2019 the Queen’s Speech contained 11,079 words and of those, just four words (“bring forward reform proposals”) were on social care!
We believe that the 1.3million vulnerable, elderly people who currently need social care deserve better.
The wording – “bring forward reform proposals” – appears to make a vague promise that the government will think about dealing with social care at some time in the future.
This is totally unacceptable to the many thousands of relatives who are having to act as unpaid carers.
They are having to cope daily with the needs of their vulnerable, elderly mum or dad, who needs significant care and support. And because their loved one has a few savings and their own home, if they admit they are unable to cope any longer then mum or dad risk losing everything as a self-funder.
The situation is dire and yet, just when we thought it couldn’t get any worse, we have just discovered that the CHC postcode lottery has been further extended.
Let me explain how the process currently works: After a CHC application is made, using the Decision Support Tool, a 50-page document explaining why NHS funding is or is not being granted is sent to the applicant. Until very recently, the applicant was then given six months to decide whether to appeal.
As of October 2019 the Department of Health & Social Care has ruled that each area Clinical Commissioning Group is now free to make up their own rules!
We are aware that some people are now being given just 14 days, from receipt of the Decision Support Tool outcome, to make an appeal. Since an appeal asks you to provide reasons why you disagree with the decision, there is very little time to put together a detailed response – which we consider to be grossly unfair.
What can be done to fight unfair CHC decisions?
At Steene Law we suggest that anyone who is classed as a self-funder who is considering applying for Continuing Health Care, does not wait until they receive an appeal letter.
Ideally, contact us before you even apply for CHC funding.
Take advantage of the free, initial telephone conversation we offer. Applying for CHC funding does require time and effort if it’s going to be successful – and we can tell you how to maximise your chances.
If you are already at the appeal stage, do not despair – pick up the phone NOW and call 0203 653 0623.
We are available from 8am to 7pm, Monday to Friday. We will tell you whether the decision is unfair and help you fight to obtain what’s rightfully yours.
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