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Cut off date for Care Fee Challenges.


The Department of Health has published a cut off date and guidance for reviewing retrospective NHS Continuing Healthcare claims. The deadline  for submitting an application is the 31 March 2013 for the period of 1 April 2011 to the 31 March 2012.

Individuals or their representatives will need to have formally registered their claim in writing with the relevant Primary Care Trust (PCT) by the deadline to gain an assessment of eligibility for NHS Continuing Healthcare funding.

It is currently the role of the PCT to assess and decide who is eligible for NHS Continuing Healthcare funding. From the 1 April 2013 the responsibility will pass to Clinical Commissioning Groups (CCG’s) subject to the passing of the Health and Social Care Bill.

The Department of Health has recognised that there may be some cases where exceptional circumstances apply which may mean they can be registered after the deadline. However, in the absence of such exceptional circumstances late applications will be returned and not considered. At present there is no clear guidance as to what constitutes exceptional circumstances other than this is to be determined locally by the relevant PCT.

Rachel Griffiths, Solicitor and member of CNCI Elderly Care Team comments that ‘in light of this uncertainty we would always suggest to individuals or their families wishing to challenge incorrectly paid care home fees that claims are registered with the relevant PCT’s by the deadline stipulated’.