IS THERE SUCH A THING AS FREE CARE? written by Birkett Long Solicitors for WhereIsTheCare

Written for


Care in later life is a hotly debated topic. The new Care Act 2014 is designed to make financial rights and obligations clearer to everyone, but with many sections of the Act not due to come into force until 2016, confusion still remains.


For example:


  • Did you know that the NHS is obliged to pay 100% of care home fees for those who need care primarily for health reasons?
  • Did you realise that retrospective claims can be valid?
  • It is estimated that around 80% of people in a residential or nursing home should not be paying for their care, either in full or in part; a statistic bearing out the fact that NHS or Local Authority entitlements are not understood.


The confusion extends to how health needs are assessed. The indicators of nature, intensity, complexity and unpredictability are used to decide whether a ‘primary health need’ exists but of course, these can be open to interpretation.


As thresholds for funded care fail to keep up with inflation it is vital to seek proper legal advice about care fees.


At Birkett Long we use straightforward language to explain about NHS and Local Authority funding and how care fees can be reclaimed.


For a free 15 minute chat call Caroline Dowding on 01206 217394 or



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Birkett Long LLP, Essex House, Crouch Street, Colchester CO3 3HH 01206 217300