Has your elderly relative recently gone into residential care but not received a bill?

Here’s why they could end up with a very large bill after the Covid-19 crisis ends

And we explain what you need to do NOW to protect them

During the Covid-19 crisis, the rules that normally govern care home funding have changed.

If your relative is a self-funder – meaning they have more than £23,250 in savings or tied up in the value of their home – they may not immediately get a bill for their social care.

This is because the Coronavirus Act emergency powers have resulted in financial assessments, otherwise known as means testing – being put on hold. This means that many elderly people who are self-funders are currently receiving social care free of charge.

However, it is important to know that this not a ‘free lunch’. Fees are NOT being waived. This is a postponement not a cancellation of the bill for your relative’s care.

As at the start of May 2020, six local authorities have “switched on” the right to comply with their Care Act 2014 duties. The Coronavirus Act 2020 uses the word “easement” which means they are suspending social care duties to disabled adults.

Does your relative live in an area covered by:

Sunderland City Council
Middlesbrough Council
Warwickshire County Council
Staffordshire County Council
Birmingham City Council
Solihull Metropolitan Borough Council

If so, you may wish to call us now on 0203 653 0623.

Here’s an example of what might happen

Let’s take, as an example, an elderly person who has fallen and ends up in hospital. As a result, they are unable to return home and go into residential care.

In the ‘good old days’, before the Coronavirus crisis, a local authority social worker or the NHS would have carried out the first stage of Continuing Health Care eligibility called the Checklist. This would have been done while the elderly person was still in hospital or shortly after moving to the care home.

The current Covid-19 rules mean that not only is the CHC Checklist procedure, suspended but also the National Framework – the document which Clinical Commissioning Groups follow – can currently be ignored.

Hospitals can place people in care homes and care homes are unable to bill them until such time as a Financial Assessment is carried out.

So how will care home fees be clawed back?

The law specifically allows retrospective billing.

That is to say, when a relative finally has a Financial Assessment, if it is judged that at the time they entered the residential home they were a self-funder and liable to pay for their own care, the local authority and/or care home will send them a bill.

Do not think that anyone who is receiving care and who has not been means tested, will not ultimately receive a bill.

Whilst a Local Authority cannot bill until a Financial Assessment has been completed, when this extraordinary period is over, one of the first departments to re-start will be their billing department.

We envisage that people will have some eye-wateringly high bills landing on their doormats.

Many will be shocked and upset because they will not know why they are liable or how they will be able to meet these costs.

Do I have any right to appeal?

There are a number of reasons why you might consider appealing.

You might feel that the care your relative has been receiving in their own home or in a care home has been inadequate.

You might believe that they did not need to go into a care home in the first place.

Or, you may suspect the financial assessment is wrong or unfair.

At Steene Law we urge anyone who finds themselves in this position to take legal advice

If your relative is a self-funder because they have more than £23,250, contact us NOW, so that we can tell you what action you need to take to protect your relative’s assets.

We would also urge you to get in touch if your relative normally receives Continuing Health Care funding which was due to be reviewed but has been delayed due to the ongoing Coronavirus crisis.

One final word of advice: taking care fee advice is not unlawful but care fee evasion is! Sadly, we are seeing many companies on the internet offering Trusts and exotic sounding schemes that seek to avoid paying care fees. Our view on these schemes is simple: they don’t work.

What does work is a call to us. Get in touch and we may be able to save some, or all of the value of your relative’s assets.

Call us on 0203 653 0623 for a free*, initial telephone conversation. We are available from 8am to 7pm, Monday to Friday.

*The only cost to you is the phone call at standard call rates but the initial conversation with us is free and you will not be billed for our time.

Mike Crawford

16 January 2024

I cannot speak highly enough of the helpfulness, professionalism and most of all the empathy shown by David Steene in my recent correspondence with him. My sincere thanks and I would honestly recommend this Firm to others without hesitation.

Jane James

6 January 2024

I cannot thank Mr. David Steene enough, a wonderful, kind and genuine gentleman who always had time to listen and had great compassion. I had never heard of deliberate deprivation of assets until I was accused of it, by my Local Authority. Brought about when my mother had to go into a care home, she'd had a mild stroke and early onset dementia, aged 92. I knew that this accusation was untrue, it was unkind, extremely stressful and had a huge impact on my family, including my mother. I sought help from Mr. Steene, to prove my innocence and hep my family. I chose his company, as they were experts in this field and already had brilliant reviews. Mr. Steene listened to what I had to say, was interested and asked me appropriate questions. He had so much information and knowledge with regards to Local Authorities and DOA, which he kindly explained to me in understandable words. Mr. Steene advised me what to do and to get back to him if I required further help. The phone call was followed up with a comprehensive E mail. My battle with the Local Authority commenced. After 13 months the accusation of DOA was dropped. I could not have fought this battle without knowing that Me. Steene was always available when I required further help and advice. He always answered me with professionalism. He would have taken on the case if I had failed. Mr. Steene pointed me in the right direction and gave me the encouragement and confidence that I needed. I cannot thank him enough. The receptionists who answered the phone, were always professional and helpful and always took a detailed message to pass on to Mr.Steene. A wonderful team, an efficient, professional company. I highly recommend them. A photo of my mum and my son. We are human beings.

Marcus Mackay

14 December 2023

David and Dianne provided myself and the rest of the family with sound advice in a thoughtful and genuinely caring way. While clearly expert in what he does, talking to David was like dealing with an old friend. In our case, my father had Alzheimer's and we needed to organise care, David and Dianne provided invaluable advice on how to navigate through the UK's dysfunctional NHS and adult "care" system in order to get the best possible support. As a word to the wise, be prepared for a battle and I am sad to say it, do not trust anything the council or NHS workers say, they are under immense pressure to get you to sign documents which will give them control of the situation and their only metric of success is to get hold of your money and have you pay for your care! Clearly looking after my father was our number one priority, but money does matter especially as care costs can easily exceed a thousand pounds a week. This means that the money my father had saved through his long working life was being burned through at a ferocious rate, so slowing down the council was key to ensuring that they couldn't eat into the value of my mother and father's house. It is disgusting that successive governments haven't put a cap on the amount you are expected to pay for care. I have no interest in inheritance, but I don't want my mother to be worried about owing the council money in her final years. So back to David and Dianne, they will both help you in their fields of expertise, but also point you to other aspects of the situation such as legal matters that you may want to consider. In the end, it is all about looking after people when they are at their time of greatest need and against that measure I can't think of a more capable, dedicated and compassionate couple than David and Dianne. This is a picture of my father and mother just as Alzheimers took hold of my father 5 years ago, he died on the 5th of December 2023.

warren appleby

11 December 2023

It was David's advice and knowledge that guided me through the OPG forms. He gave me confidence that I could deal with this on my own! I went on to prove my case with no further action taken! Highly recommend!!

Avis Caddy

3 November 2023

The law around paying care home fees is complicated. We were faced with a Local Authority who refused to give us a property disregard. We called David, and he told us on that first call that we would win, and he would succeed in a care home fees property disregard application. Our Local Authority dug their heels in, and each time they said no, David and Dianne, who are expert solicitors in paying for care fee law, explained why we were right, and why the care fees property disregard applied, and why the Local Authority were wrong. We won! The property was disregarded for care fees. David succeeded in getting the relatives’ property disregard which meant that our family member is secure in their care home, and we will not lose the roof over our heads. David, we can't thank you enough!

Lesley Mckenzie

14 September 2023

Had a particular problem with social services trying to claim a contribution towards my ex-husbands care after separating some 10 years ago but without divorcing. David reassured me that I was not liable so very grateful to him and explained the process going forward. Invaluable help cannot thank him enough

Mike Bravery

17 August 2023

I emailed David Steene late one evening and he kindly called me am the next ...excellent response. David was very professional and my question in his opinion would be better answered by another company. David sent me the appropriate link. He also reassured me that if I needed his expertise he would be very pleased to hear from me. Excellent service thank you David

andrew fry

14 August 2023

David and his wife gave us unprecedented realistic advice and clearly out too help people not take advantage of them. Many Thanks We hope to be in contact again shortly

Jean M Sheaf

7 August 2023

David acted on our behalf to petition our local authority to reconsider their incorrect decision of deprivation of assets, where monies were gifted before care was needed. He was honest, thorough and professional throughout. We would heartily recommend him to fight your case if you have also fallen foul of the system like we did.

Barton Bank

3 August 2023

I have spent over forty years working in law but a care issue arose that was well outside my area of expertise. I emailed Steene Law as they specialise in the area of care law and David Steene responded immediately. He provided excellent and timely advice on a number of occasions and, when a dispute with the local authority over care costs came to a head, one email to the LA from David caused them to immediately back down. I have no doubt that, without his assistance, the LA would have stood their ground. I shudder to think how unrepresented family members are treated by local authorities. If you are ever in a situation concerning care for a loved one do not try and do it yourself. Get a solicitor and, if possible, get this firm.

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