Care Fees - Council and NHS Funding

The Council must carry out a financial assessment to determine whether they should contribute towards the cost of care.

The capital threshold for Council funding is currently £23,250. If you have savings or capital below this amount, the Council should pay towards your care costs.

Once your capital falls to £14,250 or below, the Council should only charge you an assessed contribution towards the cost of care out of your income.

We provide advice on:

• Financial assessments
• Capital disregards
• Top up fees

Unlike the Council, NHS funding is not based on a person’s income or capital, but instead on their health and nursing needs.

If a person’s primary need is for nursing care, the NHS should fund the full cost of such care regardless of means.

The NHS must assess how complex, intense and unpredictable those nursing needs are, and ultimately whether they are of a nature which a Council could be expected to manage.

This is known as the ‘Primary Health Need’ test, as established in the cases of Coughlan and Grogan and the National Framework.

We provide advice on:

• The claim process and prospects of success;
• Submissions in support of a claim;
• Appeal submissions & advocacy;
• Full retrospective claims (including on behalf of a deceased estate)