NHS Continuing Healthcare

NHS Continuing Healthcare services

Could the NHS be funding your care?

If you, or your relative, are receiving care, either in their own home or a residential setting, this may have to be paid for from your savings and other assets.

If you have little in the way of savings or assets, the Local Authority is likely to pay for your care. You may have to pay a contribution towards it.

However, in some cases the NHS will pay for your care and this may be paid at two levels:

  • Funded Nursing Care is a payment towards your care fees where your care needs include care from a registered nurse

  • NHS Continuing Healthcare is free health and social care for people with long-term complex health needs

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Kay Baker

Partner, Solicitor & Head of Contentious Trusts and Probate

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Other Areas of Specialism

  • Health and Welfare Deputyship applications
  • Replacement Trustee applications
  • Disputed Enduring and Lasting Powers of Attorney registrations
  • Health and Welfare disputes
  • NHS Funding applications and appeals
NHS Continuing Healthcare services

Ellisons are there for you

If you qualify for NHS Continuing Healthcare, the NHS will pay for your care in full. Eligibility is based on your healthcare needs and is not means-tested. You do not need to have a particular diagnosis to receiving NHS Continuing Healthcare. Rather, you will be assessed based on your needs and how intense, complex and unpredictable those needs are.

Ellisons can act on your behalf in reviewing and appealing decisions not to award NHS Continuing Healthcare, often on a no-win no-fee basis.

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Frequently asked questions

Common questions about what we offer

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NHS Continuing Healthcare (CHC) is a package of ongoing care arranged and fully funded by the NHS for adults with complex physical or mental health needs. Unlike local authority social care, CHC funding is entirely non-means-tested; eligibility is based strictly on your assessed healthcare requirements, regardless of your personal income or financial assets. To qualify, you must be assessed as having a "primary health need," meaning your care requires skilled management due to the overall nature, complexity, intensity, or unpredictability of your condition. Eligibility is not linked to a specific diagnosis and can cover the full cost of care provided either in your own home or in a residential care setting.

The assessment process generally follows a two-stage approach under the National Framework:

  • The Checklist: A preliminary screening tool completed by a healthcare professional (such as a doctor, nurse, or social worker) to determine if a full evaluation is warranted.

  • The Decision Support Tool (DST): A comprehensive, full assessment conducted by a Multi-Disciplinary Team (MDT) evaluating 12 healthcare domains (e.g., cognition, mobility, behaviour, breathing) to establish whether a primary health need exists.

If the Integrated Care Board (ICB) decides you are ineligible or withdraws funding following a routine review, our specialist solicitors can assist you in reviewing and formally appealing the decision.

Navigating NHS funding criteria can be challenging, especially when managing care arrangements for a loved one who lacks capacity. Our Court of Protection and contentious trusts team provides practical, expert support by examining clinical records, preparing robust evidence for MDT meetings, and representing you during formal local reviews and Independent Review Panels (IRP). We also assist personal representatives and family members with retrospective claims to recover care fees for individuals who paid for their own care but should have received CHC funding during their lifetime. Where appropriate, we can offer assistance on a No Win, No Fee basis.

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