Recouping incorrect Care Home fees

[Questman]

I have read that there is now only a short time to recoup incorrectly charged Care Home fees.
My mother in law was in a care home suffering dementia prior to 1 April 2004 until her death in June 2004. We had to sell her home to pay the deferred fees.
I see there are lots of 'No win no fee' lawyers advertising for this service but I would like to pursue this myself.
Can I do this myself and who do I claim from?
Would appreciate any advise on this subject.

[woofgang]

Who should have paid the fees?

[buildersmate]

Presumably you have some basis to believe that the fees were incorrectly levied by the local authority?

You would claim from the local authority that levied the charge on you or the estate of your MiL. But you need to assemble a case first.

[Questman]

I understand that under recent legislation the local authority should have funded all the care home fees.

[sunny-dave]

Why should anyone else pay - your m-i-l needed care and had the assets to pay for it ... why should I (and other tax payers) cough up to refund you ?

[dzug2]

2004 is not 'recent' and I would think it is way too late to put any claim in even if it was wrong.

[brenda]

I believe the reclaim applies to those who were in receipt of nursing care, and paid for this. Ordinary residential care with dementia I believe is not reclaimable. However I stand to be corrected on this.

[woofgang]

Kay i know you feel strongly about what happened to you but how is this relevant to this thread?

[bednobs]

impossible i would have thought. as the mil is not now around to assess itll be impossible to say whether her needs were nursing or care

[Questman]

I am asking the question because I read an article in the Daily Mail recently which described all the circumstance I have mentioned. I said April 2004 as it is from that date it said the legislation covered. MiL was in the home for a long time before that.

[Questman]

Well I have all the relevant files still from the period MiL entered the home until she passed away.

[woofgang]

If you are claiming that the PCT (health service) should have paid for all or part of her care, then go to the PALS department of the PCT. You will only receive the nursing component back and you would need evidence that they should have paid it.

[bednobs]

having the notes and files wont help - at the time the notes and files led the NHS to believe she wasn't entitled to funding. Looking at the files now will not change that

[yelenots]

Go for it and Good Luck! My Mum has been in a nursing home since last July and I think its dreadful that they are taking all her money off her and forcing her to sell her home plus WE have to pay a top up - its disgraceful.

[bednobs]

why does she need 2 homes though? is she likely to be able to go back to her original house? If not, why not sell it to pay for her care?

[bednobs]

i was talking to yelenots about her relative.