Can you retrospectively apply for CHC?

Discussion in 'Legal and financial issues' started by missmarple, Jun 22, 2015.

  1. missmarple

    missmarple Registered User

    Jan 14, 2013
    206
    My father was awarded CHC back in february. I live in the expectation it will be reviewed soon and quite possibly withdrawn
    However, for at least 1 year prior to applying, his behaviour was such that he needed 1:1 carer with him at all time, and sometimes 2 carers. We were asked to remove him from a care home the day he entered it due to unmangeable behaviour, there are numerous incidents involving police, transport police, hospital etc etc which can back up his very challenging behaviour. Throughout, my brother and I just managed to maintain him at home with all day carers (paid for by him via me as POA), the alternative was sectioning which the dementia team decided not to carry out after a long multi disciplinary meeting.
    At no point during that very difficult time was I advised to apply for CHC. I paid for his monthly carers bills, which ranged between £4000 and £5000.
    In anticipation of it being withdrawn, I am wondering about retrospectively applying for CHC, from the point where 1:1 carers became a necessity (as advised by his dementia team, for his own safety and the public's).
    Does anyone know if I can make such a retrospective application? I would do it if they withdraw current funding, assuming of course that it s legally possible to do so. Thank you.
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    18,280
    Male
    North Manchester
    You are actually asking for the current CHC to be backdated, you could try but solid evidence is crucial. Somewhat different but I managed to get a fast track CHC backdated by a couple of weeks.
     
  3. LYN T

    LYN T Registered User

    Aug 30, 2012
    6,967
    Brixham Devon
    My OH was awarded CHC within one hour of his assessment. Out of the 26 weeks he was self funding I received 14 weeks and a few days reimbursement. This was greatly helped by the detailed records held by his CH. Evidence is everything.

    Good luck

    Lyn T XX
     
  4. missmarple

    missmarple Registered User

    Jan 14, 2013
    206
    Thanks for that. I guess it's true i am asking for it to be backdated not retrospectively awarded. Maybe this isn' t the wisest course of action, but i'm thinking of leaving things well alone, unless CHC is withdrawn, in which case I will ask for it to be backdated.
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    18,280
    Male
    North Manchester
    #5 nitram, Jun 22, 2015
    Last edited: Jun 22, 2015
    If it is withdrawn it does not exist and therefore cannot be back dated, if you can prove that checklist would have given the same result at some time in the past you may have a chance.

    Statistically it is very likely to be withdrawn at the 3 month review, if not withdrawn then the next standard review is after a further 12 months.

    Don't know whether this helps you or not but it is something I thought you should be aware off.
     
  6. katek

    katek Registered User

    Jan 19, 2015
    191
    I think it might be worth a try while he still has the CHC - (as someone said, you won't be able to do it if it is withdrawn), especially as you have evidence from the care home, police etc. Then, assuming you manage to get it backdated, if it is later withdrawn, the extra money will help make up for what he will then lose - if that makes sense!
     
  7. missmarple

    missmarple Registered User

    Jan 14, 2013
    206
    Thank you Katek. I guess I really need to look into the legal position.I'm happy not to apply for it as long as he keeps getting it, feeling that at least the NHS is picking up some of the cost, but he has also made a contribution by paying for a year of care himself, if that makes sense. But i don't want to fall between 2 stools, have it wtihdrawn and find it's too late to get it backdated.
     

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