Procedure for 'Nearest Relative' and CHC

[Marianne]

The most important lesson is to take a non-aggressive approach and to work within the legislation. I'm not for one moment saying that I agree with the legislation, but the people applying the legislation are not the people to condemn. If they fail to apply the current guidelines correctly then they should be challenged, but rationally and in a non-confrontational manner.

Evidence is the most important weapon you can have, not the minutiae of legislation.

I don't for one minute claim to be an expert, but if I can share the benefit of our experience, I am here for anyone who cares to PM me.

Thanks for the advice but Sue I tried the non-aggressive approach for two years and during that time my dad was means tested by SS which I accepted because nobody had told me the correct procedure. Also during this two years he had all his belongings stolen, was abused twice and given unprescribed drugs. I think that was enough to test the most even tempered person.

You say you would be happy to share the benefit of your experience, but you then say, "if they PM you". How can newbies to this forum benefit if they have to PM you, for a start they don't know you have won. Your experience should be out on the forum for all to see and for others to benefit from, don't you agree.

 

[Sandy]

Your experience should be out on the forum for all to see and for others to benefit from, don't you agree.

Sue did document the process on a thread that she started whilst the application was being considered:

http://forum.alzheimers.org.uk/showthread.php?t=16890

The thread does document the useful information and support that she received from a variety of people, including Marianne.

 

[Iberian]

As a follow up, my FIL is now in a care home. He was moved by the NHS from his acute unit last November. I refused to go through the NHS appeals procedure including the 'Indepndent' IRP since it was convened by the NHS, the very party that I was in dispute with. This breached his human rights under Article 6.1 of the European Convention of Human Rights. I wasn't prepared to be party to this. I did offer the NHS to resolve the issue of free care in a court of law but they won't take me up on my offer..................surprise, surprise. Since November, because I and my wife are still in dispute with the NHS, someone is paying for his accomodation in the care home, but not us. I just feel for the many people who are being conned by the NHS and LA's out of life savings paying for care the are entitled to as a point of law.

 

[need more sleep]

Since November, because I and my wife are still in dispute with the NHS, someone is paying for his accomodation in the care home, but not us.

Is your FIL a home owner? If so, you might want to check whether the LA has put a charge on his property. https://www.landregistry.gov.uk/wps/portal/Property_Search
It will cost you £4. Click the 'Title register' box

 

[Bob S]

As a follow up, my FIL is now in a care home. He was moved by the NHS from his acute unit last November. I refused to go through the NHS appeals procedure including the 'Indepndent' IRP since it was convened by the NHS, the very party that I was in dispute with. This breached his human rights under Article 6.1 of the European Convention of Human Rights. I wasn't prepared to be party to this. I did offer the NHS to resolve the issue of free care in a court of law but they won't take me up on my offer..................surprise, surprise. Since November, because I and my wife are still in dispute with the NHS, someone is paying for his accomodation in the care home, but not us. I just feel for the many people who are being conned by the NHS and LA's out of life savings paying for care the are entitled to as a point of law.

Good for you to keep on fighting Iberian. I am in a similar position to you, apart from my father's care home costs were funded by the NHS for two years. They then assessed him again and, surprise surprise, came to the conclusion his needs were now social rather than health. They stopped funding him in October 2009. The local authority started to pay the care home fees in November 2009 and have been sending me bills ever since. I return them marked "debt in dispute" and advise them to contact the NHS.

The local authority have now complained to the OPG that I am not suitable as an attorney and should be removed. They won't take the case to court (I wonder why) but instead have chosen to defame me and are trying to get me removed so they can then apply for one of their staff to be appointed as a deputy and then plunder my father's finances. Who said piracy was dead in the UK?

 

[jenniferpa]

Can I point out that this thread was started some time ago now, so it is likely that some of the posters’ circumstances may have changed since they posted here.

It's probably a good idea to start a fresh thread rather than possibly cause distress to members who have since been bereaved.

 

[Bob S]

Jennifer,

If you had taken the trouble to read the posts on page three you would have seen that it was kickstarted into life againb by Iberian, the person who started this thread in the first place. He/she has provided an update, so why the need for your words, which don't really seem to be appropriate?

 

[EllieS]

"Refuse to Pay. In view of the forgoing, anyone coerced into paying for continuing care can refuse to pay and should challenge social services to sue if they think they have a lawful claim. Whatever pressure NHS and SS managers apply or whatever 'contract' they dupe people into signing, their threats to sue are just 'bully-boy' tactics - because they dare not! They would lose - and they know it! "
Don't refuse to pay. It's no longer bully boy tactics - trust me, I've been taken to court and lost. Still pursuing CHC but very weary.
What's the up-to-date advice on this please - as it's been some considerable time since I've been on the site.
Thanks.

 

[jenniferpa]

Hi EllieS and welcome back

I am so sorry you are having to deal with this.

The societies guidance hasn't really changed - they have never advocated withholding fees in the way that some posters have suggested.

There are a couple of links to the appropriate fact sheets here

http://forum.alzheimers.org.uk/showthread.php?15569-Information-amp-guidance-on-NHS-continuing-care

Also, have you been in touch with the volunteer support group for people appealing NHS CC funding decisions?

http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=398

Take care