Can care home fees be reclaimed after death?

In this article, we discuss reclaiming care home fees after death and the process in which you will need to follow. After the death of a loved one, making sense of care home fees that have been paid can be confusing, raising difficult and sometimes unsettling questions.

We discuss when and if care home fees can be reclaimed after death, how NHS Continuing Healthcare comes into play and who is legally responsible for the care costs. Keep reading for practical guidance for families and executors seeking to avoid common misconceptions, helping them decide what steps to take next.

Care home fees can be reclaimed after death, particularly when they should have been covered by NHS Continuing Healthcare (CHC) rather than paid privately or by a local authority.

There are a number of reasons why you may want to claim back care home fees, the first of which is that the person receiving care had a primary health need but was never properly assessed for CHC, or was incorrectly found ineligible at the time. To progress the reclaim, a retrospective CHC claim must be made. If the review later shows that they should have qualified, the NHS may be required to refund some or all of the care home costs paid.

If the person was assessed for continuing healthcare funding, and they were deemed not to be eligible, it is not possible to ask for a further retrospective review. If you disagree with the eligibility decision, you can appeal the outcome. However, there is a time limit of six months to lodge an appeal for an assessment where you disagree with the outcome.

It is important to note that a CHC decision doesn’t have to wait until death. A claim can also be made by:

• The executor or administrator of the estate
• A family member acting on behalf of the estate
• A legal representative with appropriate authority.

Any refunded fees are typically paid back to the estate, rather than to individual family members.

Learn more: How do a will and a Lasting Power of Attorney differ?

NHS Continuing Healthcare funding is a package of care fully funded by the NHS for those with significant and ongoing health needs. CHC eligibility is based on a person’s specific health needs, rather than on their savings or property.

If someone could have been eligible for CHC but was never assessed and had been paying care home fees privately, those charges may have been incorrect. This is why CHC is central to reclaiming care home fees after death: if post-death the review of records shows that the person had a primary health need, the NHS is required to refund the care costs paid during that period, even if the individual has since died.

There are a number of reasons why care home fees may have been wrongfully charged, the first of which is when NHS Continuing Healthcare should have been put in place, but was never considered or recommended. This can typically happen if no CHC assessment was carried out when care needs first increased or worsened, or alternatively, if eligibility was refused despite evidence of a primary health need. Sometimes a person’s health needs may have worsened over time without triggering a reassessment, meaning they continued paying fees when responsibility should have lain with the NHS.

The second of these is when fees have been charged incorrectly, where local authority funding was used instead of CHC, or where families were advised to pay without being fully informed of their rights.

Typically, family members are not legally responsible for care home fees after a loved one has passed away. The responsibility for disputed or unpaid fees usually rests with the person who received the care and, after their death, with their estate. After their death, any outstanding care home fees may be settled from the estate as part of the probate process rather than the responsibility of relatives.

The only instance in which next of kin will be liable for these outstanding fees is if they have been named personally liable and have formally agreed to this in writing.

When care home fees remain unpaid after a death, the remaining fees are treated as a debt of the estate, rather than the sole responsibility of family members. Care providers or local authorities may seek to gain payment during the probate period, but they cannot simply demand payment from next of kin.

Outstanding fees should be considered alongside any other debts of the estate and settled in accordance with probate rules. In instances where NHS Continuing Healthcare should have been applied for, these fees may be challenged or reduced. This is why it is often worth exploring a retrospective claim for CHC eligibility before assuming that outstanding care home fees must be paid.

There are time limits for reclaiming care home fees after a death, but they can be more flexible than most expect. In cases involving NHS Continuing Healthcare, it is typically possible to make a retrospective claim even after the person receiving care has died, provided the claim is for a previously unassessed period of care.

Deprivation of assets is a topic that can cause anxiety among families and next of kin. The concern is that reclaiming care home fees, or questioning how care was funded, could be seen as a deprivation of assets. This is often a concern in cases where savings or property were used to pay for care or where financial decisions were made shortly before or during care.

Deprivation of assets usually refers to deliberately giving away or reducing assets to avoid paying for care directly. Making a retrospective NHS Continuing Healthcare claim, or seeking a refund of fees that should have been NHS‑funded, is not a deprivation of assets.

Starting a CHC claim after death can feel daunting, particularly when families are already dealing with probate and bereavement. Here at Compass CHC, we support executors and families by reviewing the individual’s care needs during the relevant period and identifying whether a primary health need was present but not properly assessed.

A claim is usually made on behalf of the estate and involves requesting a retrospective review from the NHS, supported by medical records, care notes, and evidence of day‑to‑day needs. While the continuing healthcare process can be complex and time-consuming, many families find that specialist guidance helps ensure the claim is presented accurately and fairly, giving the best possible chance of reclaiming care home fees that should have been NHS-funded.

Hopefully, this guide has given you some clarity on reclaiming care home fees after death. If you’re still unsure or want help during the process, then we’re always on hand to assist, just submit an enquiry and one of our experts will be in touch.

Can you reclaim care home fees after someone has died?

Yes – in some circumstances, care home fees can be reclaimed after someone has died. This is most common when the person receiving care was eligible for NHS Continuing Healthcare (CHC), but was never assessed or was wrongly found ineligible.

Who pays outstanding care home fees after death?

In most cases, outstanding care home fees after death are paid from the person’s estate, not by their family. Any unpaid fees are treated as debts of the estate and are typically settled during the probate process.

Are family members legally responsible for care home costs?

In most instances, family members are not legally responsible for care home costs. Care fees are the responsibility of the person receiving care, and after their death, are usually treated as a debt of their estate and dealt with during probate.

How far back can NHS Continuing Healthcare be claimed?

NHS Continuing Healthcare can be claimed for costs incurred after 1st April 2012; in many cases, it is possible to go back several years.

Can top‑up fees be reclaimed after death?

Yes – top‑up fees can sometimes be reclaimed after death, but it depends on why they were paid and whether they should have been charged in the first place.