Continuous care appeals and the payment of fees pending appeal

[Battling though]

Continuous care appeal and continuing to pay fees whilst pending



My mum had continuous care funding for a couple of years until recently when she was re-assessed and deemed to have improved and now I have been billed for care fees.
I shall be making an appeal

I read somewhere that pending an appeal then fees do not have to be paid until the appeal process has been exhausted. I accept that if it fails then the fees will be back-dated but I fear that if I pay `upfront` then the chances of getting a refund should i win the appeal might be a problem, if not impossible.

Does anyone happen to know if it is correct that fees DO NOT have to be paid pending an appeal in these circumstances, and if it is the case where I could find the relevant supporting guidance/legislation.
Thank you in advance.

 

[nitram]

Have a read through:-
http://caretobedifferent.co.uk/pay-care-fees-if-continuing-healtcare-is-removed/

 

[Battling though]

Thanks for this - I was thinking of trying this approach but I was trying to find out whether there was any official guidance as to whether fees could be delayed pending an appeal - The appeal panel don`t know either. I think once I hand the money over, there will be little chance of getting it back if I win the appeal. I will have to give this some thought -Thanks for taking the time to respond

 

[stanleypj]

It's a very difficult predicament and, as you suggest, the legal situation seems very unclear. I hope things work out for you and your mum. I trust you'll let us know how you get on.

 

[AlsoConfused]

I don't know the answer to your question ... but would suggest getting (and storing for use as necessary) a written guarantee from the (senior) person taking your money that the money will be refunded within X weeks if you shouldn't have been asked to pay.