We were approached by the family of an elderly, widowed lady who had moved into a residential home 3 years previously after developing various care needs. She was bed bound, doubly incontinent and unable to feed herself. At the time, she had been informed by the local authority and primary care trust that, while she qualified for a Registered Nursing Care Contribution of £108.70 per week towards her care fees, she was liable for all other costs – which amounted to over £3,000 a month.

She had now spent virtually all of her savings and her children, who were acting as her Attorneys, were considering the sale of the family home to continue funding her care.

Looking at her case, we believed that, given the severity of her needs she should be entitled to NHS Continuing Care. We approached one of our specialist contacts who advises in this field, and she agreed to take up the case. A retrospective claim was initiated to recover care fees which had wrongly been assessed.

The family recovered over £100,000 and this money has been invested on the lady’s behalf in a structure which should exempt it from inheritance tax if she survives, as is likely, for a further two years.

The NHS has now assumed responsibility for funding the lady’s future care costs and the family home does not now need to be sold. If the lady survives for two years no inheritance tax liability will arise on her death.

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