• <div class='slider_caption'>		 <h1>Do you realise that decisions made to place someone into care can legally be challenged?</h1> 			<a class='slider-readmore' href='https://whopays4care.net/contact-us/'>Read More</a>
  • <div class='slider_caption'>		 <h1>Don’t let NHS and /or social services decisions on where care is provided, force you into wrongly paying long term care fees.</h1>			<a class='slider-readmore' href='https://whopays4care.net/contact-us/'>Learn More</a>

Now is the time to consider who pays for care

Thousands of families every year are faced with loved ones being discharged from hospitals before they are clinically well enough for discharge, with many discharged unsafely. Discharge into local authority care [to a patient’s own home or a care home] is for care and support only not full nursing care. If that patient had been prematurely and/or unsafely discharged from hospital, into local authority care the care provided may not be appropriate to that person’s clinical needs and, subject to a means test would need to be paid for by that patient, from income, savings or other assets, which could include the family home. Challenging decisions made by the NHS and social services could ensure the patient does receive appropriate care, which if continuing health care is provided, would be paid for by the NHS. Understanding the difference between nursing and social care is crucial to any challenge and fully explained in our book “What U need to know about Long-term Care”.

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NHS Decisions

If a loved one with care needs that will clearly extend beyond discharge, is about to be discharged but no assessment has been made by the NHS before discharge, to ascertain if those needs may constitute a primary need for health care, or if an assessment has been made, continuing healthcare not recommended for full consideration or has been considered and refused, challenges to those decisions may be possible. Those challenging [if the patient lacks capacity] must be properly authorise to challenge, and needs to understand the rules the NHS must comply with at all stages of the discharge process. It is imperative if families believe a loved one has a primary need for nursing care that person is properly assessed for continuing health care [CHC] by the hospital [not social services] prior to discharge. Our book “What U need to Know about Long-term Care” explains these issues in plain English top help families understand the issues involved at arguably the most stressful time of their lives.

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What can be challenged

Decisions made by the NHS not to provide free NHS continuing care, has led to thousands of patients not receiving appropriate levels of care over recent years with many families using family home, savings, investments and other assets to pay care fees. There is currently no upper limit on the amount of money that can be charged in overall care fees. A limit was proposed in the Care Act 2014 but the second phase of the Act setting a limit, has been postponed until at least April 2020. What can be challenged includes: No assessment for continuing care being done, when clearly it should have been. Assessment of a patient who lacks capacity, without correct authorisation. Assessment completed before all tests and records are completed. Assessors not considering representations made by family etc. Representations not recorded correctly. Analysis of health needs not properly considered. Procedures not complied with etc. “What U need to Know about Long-term Care” helps families understand those issues, in order to compile a robust well-structured challenge to decision made in order to hopefully overturn decision made and, ensure their loved ones receive full continuing health care, paid for by the NHS. The NHS is responsible for the provision of free continuing health care, delivered in a patient’s own home or a nursing home, if it can be established that person has a “primary need for health care”. NHS continuing health care it is not dependent upon a patient’s ability to pay for it.

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New Regulations

On the 1st of April 2015, the first part of the Care Act 2014 came into operation with the second phase due to come into force on the 1st of April 2016. The second phase included putting a cap of £72,000 on what a person in care would be expected to pay in overall fees. The cap however failed to explain it only applied to that part of care fees a local authority, [if required to pay] would contribute, not the total cost, which could be far higher. The second phase of the Act has been deferred for implementation on the 1st of April 2020, although as implementation in 2016 was deferred because the proposals were un-affordable, poste Brexit a question of affordability could well arise again in 2020. If someone is assessed by social services after discharge from hospital, or because family cannot care for them at home, social services must assess that person’s care and support needs and conduct a means test of income and assets, to ascertain who pays for that care and support. If social services suggest a meeting to discuss a package of care, inevitably part or all costs of that care will be paid for by the person to be assessed, plus top ups from family members in some instances. Means test assessments have been know to take account of assets that legally should not be part of an assessment, leading to families paying far more in care costs that may legally be required. Challenges to parts of the means test may be required in such instances. “What U need to Know about Long-term Care” helps families prepare and make those challenges.

Our Latest Blog

Lady left with only £500 savings advised she must continue to pay her own care fees!

Mrs. P. had taken advice regarding the funding of her care fees, when she and her family realised it was likely long term care may at some point in time be required. She was advised …

Why People Love Us

  • With thanks to the Who Pays 4 Care book and to “Protecting Assets From Wrongly Being used for Care Costs” section, we have successfully challenged the authorities and prevented our home and saving being wrongly used for care costs.

  • The system can be a minefield, at a time when you are emotionally drained by the downturn in a parents health. The informational contained in this book is priceless, thank you so very very much - Mrs B

  • This book is essential reading. I speak from thirty three years of entrepreneurial experience,but when it comes to knowing about 'the system' that operates in this country and the way in which those needing care is dealt with, you need advice and sometimes quickly. Do not allow anyone in authority to tell you this,that and the other about the care for your loved one. Get to grips with the law on this immediately because your elderly loved ones can be at risk and you also! Read this book, understand it and you can run rings around the authorities! - Mick

  • Thank you so very much, your help has been invaluable, I just wished id have known about this when mum was poorly. - Sue

  • Received my copy of the book this morning, and its really jam packed full of information. Better still, its written in such a way that its understandable. Im going to rush through my chores, and sit down with a cup of tea and start reading. Thank you so very much. - Jayne