A smiling carer chats with an elderly lady

End of life – who pays for care?

I was interested to read about the End of Life Campaign supported by the following seven charities: Cicely Saunders International, Hospice UK, Macmillan,  Marie Curie, Motor Neurone Disease Association, The National Council for Palliative Care and Sue Ryder.

The aim of the campaign is simple. They say “we are campaigning together to call for better quality care and support for those approaching the end of their lives”.

What does this mean? Most people will understand that if treatment is being received in a hospital setting, the NHS will not require payment. However, if the care needs are not primarily health needs – say the care is being received at home – then the care may be deemed social care and will need to be paid for. This campaign, which is supported by the Health Select Committee, calls for free social care at the end of life. This ties in with NHS Continuing Health Care Funding where the NHS is responsible for the payment of care fees, regardless of the setting, if the care needs are primarily one of health.

It is good to see that this campaign targets the social care aspect of end of life, but it should be remembered that this complements the existing system of NHS Continuing Health Care Funding.

At Clarke Willmott, we have experience in assisting people making applications for NHS Continuing Health Care Funding, challenging existing decisions and successfully recovering wrongly paid care fees.

For further information please contact Anthony Fairweather or a member of our Court of Protection team.