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Consumer Law Blog

Reclaim Care Home Fees Victory - £150k Plus

by Bradley Askew 07 March 2010

Last week saw a 'whopper' win (albeit the details are still being fleshed out). It looks like the claimant will be awarded about £180,000 plus interest.

It is a somewhat strange situation that in the UK anywhere between 100,000 and 300,000 people (or more likely their estate), have claims averaging £60,000.

Anyone who has had anything to do with nursing care knows that it is cheaper to live on the QE2 than in an average nursing home. This often means that an elderly person can end up spending their life savings and be forced to sell their home (along with precious memories.)

Old age can be tough and there is nothing the local authority or the courts can do to stop that, but the question of who pays for nursing care is an important but often ignored question.

If a person's primary reason for nursing care is health related (whether physical or mental), then it is up to the local authority to pay. The courts said so in the 1999 case of Coughlan and the law has not changed since then.  (Reclaim Care Home Fees

It is extremely frustrating to me that the law is so clear but 100,000s of people are simply never assessed for this benefit and therefore lose the wealth of their lifetime to pay for it. 

If you know anyone in this boat (or their children), the clock is ticking so please help get the word out.

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