Find Out if You Can Claim Back Care Home Fees for a Relative Who Has Died
If your loved one paid significant care home fees before they passed away, you may be wondering whether any of that money can be reclaimed. Especially if they had long-term, complex health needs.
Call the the CHC team on 0113 320 5000
The good news is that you may be eligible to make a retrospective NHS Continuing Healthcare (CHC) claim on their behalf.
In this guide, we’ll walk you through how to claim back care home fees for a relative who has died, who qualifies, what evidence you’ll need, and why it helps to seek expert advice before starting the process.
What Is a Retrospective CHC Claim?
CHC is a package of care that is fully funded by the NHS for individuals with complex health needs. It’s not means-tested, so it doesn’t matter how much savings or income the person had. If their health needs qualified, they shouldn’t have had to pay.
A retrospective CHC claim is a request to the NHS for a refund of care costs that were paid privately, but which should have been covered under NHS Continuing Healthcare funding.
In some cases, people only realise after a loved one’s death that they may have been wrongly charged for care. That’s where a retrospective claim comes in.
Who Can Make a Retrospective Claim?
You can apply to reclaim care home fees on behalf of someone else if:
- They have died and you are the executor or administrator of their estate
- They are still alive, and you hold Lasting Power of Attorney or a court order appointing you as their deputy
Family members often pursue these claims after the death of a parent, partner or sibling - especially if there was no CHC assessment carried out at the time. Alternatively, it could be that they were awarded CHC funding following a current assessment, but there is a period before that when they paid.
What Can You Claim Back?
If the claim is successful, you may be entitled to a refund of all care fees paid during the eligible period. This can amount to thousands of pounds, especially for long-term residential or nursing home care.
This includes:
- Care home fees
- Nursing costs
- Accommodation and personal care costs
- Care fees paid by direct debit, out of savings or on the sale of property
How Do I Claim Back Care Home Fees for a Relative Who Has Died?
Read our step-by-step breakdown below...
Step 1. Gather Evidence of Health Needs
Make sure care and other health records are secured if they are available. You’ll need to show that the person’s needs were health-based and that they weren’t only receiving social care.
Step 2. Request a Retrospective CHC Assessment
Write to the Integrated Care Board (ICB) responsible for the area where your loved one received care and request a retrospective assessment.
You'll need to explain who you are and what legal right you have to act on behalf of the patient or their estate. You will also need to provide details of the care provider and dates of care. Finally, you will need to go into why you believe CHC funding should have applied.
Step 3. Await the NHS Review
The ICB will decide whether to open a case and will obtain and review the care and medical records. If they accept the claim, they’ll assess whether your loved one met the CHC eligibility criteria during the period in question and you will be invited to contribute your views as to why they were eligible during the retrospective claim period.
This process can take many months and sometimes over a year. It may involve an appeal if the outcome is negative and there is a clear argument that the decision was wrong.
Step 4. Provide Financial Records
If the claim is successful, submit evidence of the fees paid, who paid them, and for which period. Bank statements, invoices, or statements of account from care providers are all helpful.
Is There a Time Limit for Retrospective CHC Claims?
In England, you can only claim back care home fees for periods of care after 1 April 2012. The Department of Health and Social Care may decide to close down claims for periods of care after this moving forward.
Why Use a CHC Solicitor to Claim Back Care Home Fees for A Relative Who Has Died?
It’s important to seek legal advice if you are wanting to claim back care home fees for a relative who has died.
The process is complex and emotionally difficult at the best of times. It is especially difficult if you’re grieving. An experienced CHC solicitor can review whether the claim is likely to succeed and handle the paperwork. They will also chase the ICB, deal with delays and represent you in appeals or disputes. This will maximise your chance of a successful refund.
Talk to a CHC Expert
If you believe that your relative was wrongly charged for care, it’s well worth exploring a retrospective CHC claim. Knowing how to claim back care home fees for a relative who has died isn’t easy, but support is available. You don’t have to navigate this alone.
We offer clear, compassionate advice and practical help with retrospective claims from first enquiry through to final refund.
Call us today or send us a message to find out if you could reclaim care home fees for your loved one’s estate.
