With private care costs as high as they have ever been, families are resorting to selling their assets, using their savings and taking out loans to cover the cost of care. For people with complex care needs, the full cost of their care may be covered by the NHS.
If you or a loved one are dealing with complex health issues and paying privately for care, we may be able to help you access NHS Continuing Healthcare funding. Start your enquiry below.
NHS Continuing Healthcare (CHC) funding is a package of care that is fully funded by the NHS for adults in England who have significant ongoing healthcare needs due to disability, accident, or illness.
If you qualify for NHS CHC, the NHS pays for all your care costs, whether you receive care:
- In a Care Home (including accommodation, food, and nursing costs), or
- In your own home (covering care workers, nurses, and some equipment).
What is NHS CHC funding?
How we can help
Free Initial Consultation
Free
Speak to one of our specialist solicitors in a free 30-minute consultation. We'll discuss your circumstances, answer your questions and assess whether you or your loved one may be eligible for NHS Continuing Healthcare funding.
Eligibility Assessment & Action Plan
£250 +VAT
Understand whether your loved one may qualify for NHS Continuing Healthcare. This 60-minute consultation includes a review of agreed care information and a written action plan outlining evidence gaps and practical next steps.
Complete Checklist Service
£1,800 +VAT
Get expert support preparing for an NHS Continuing Healthcare Checklist assessment. We review and organise agreed evidence, build your written case and prepare your submission, with guidance on the screening process and next steps after the outcome.
FAQs
How do I apply for NHS Continuing Healthcare?
The process usually starts with an NHS Continuing Healthcare Checklist, which helps decide whether a full assessment is needed. This can be requested through a GP, social worker, care home, hospital discharge team or the relevant NHS body. We can help you understand the process and prepare the right evidence before an assessment takes place.
What happens during a NHS CHC assessment?
If a full assessment is needed, a multidisciplinary team will review your loved one’s care needs using the Decision Support Tool. They will consider areas such as mobility, cognition, behaviour, nutrition, continence, medication, skin integrity and other health needs before making a recommendation on eligibility.
What is the difference between NHS Continuing Healthcare and social care funding?
NHS Continuing Healthcare is arranged and funded by the NHS for adults with a primary health need and is not means-tested. Social care funding is usually arranged by the local authority and is financially assessed, meaning savings, income and assets may be taken into account.
Fixed Fee Services
I am so pleased that I engaged Emerald Law to investigate the possibility that my aunt should have been eligible for NHS Continuing Healthcare funding. Emerald Law discovered that this was in fact the case, have recovered a substantial amount of care fees and we have at last received our proper inheritance, just as my aunt had intended.
We are very grateful to Emerald Law for their professional advice and the very successful outcome, which has financially helped both families. We would especially like to thank Phil Turner who handled the case.
Free Initial Consultation
We offer an initial free consultation to anyone who thinks they or their loved one may be eligible for NHS Continuing Healthcare funding. During this consultation one of our experts will review your situation and will be able to advise on your eligibility for funding.
Our compassionate team are experienced in helping eligible people access funding both for their existing care and retrospectively and do so while providing an excellent, caring service, as shown by our fantastic verified client reviews and our 4.9/5 star rating.
If you are eligible for funding and decide you'd like to move ahead, we offer very competitive fixed fee packages to help you at every stage of the application and assessment process. See our packages here.
Handled with care
Fixed Fee Packages
Why Emerald Law?
Best chance of success
NHS CHC funding applications are notoriously tricky and intensive. Our track record of successfully securing funding and recovering funds means you have the best chance of success with us on your side. See how we recently recovered £160,000 in care home fees for a client here.
Eligibility is based on your health needs, not on your diagnosis or where you live. To qualify, your “primary need” must be a health need – that is, your care is required because of health issues, not social or personal care reasons.
The NHS look at areas like
- Mobility and physical ability
- Breathing and nutrition
- Continence and medication needs.
- Cognition, behaviour, and mental health
- Communication and emotional support needs.
Who is eligible for funding?
You have the right to appeal if:
- The checklist did not lead to a full assessment, but you believe it should have.
- The full assessment resulted in a refusal, but you disagree with the outcome.
Appeals are initially made by way of resolution hearing with the ICB who made the final decision on eligibility. It can also be reviewed by NHS England through an Independent Review Panel (IRP).
What if my application is refused?
The NHS Continuing Healthcare process should usually be completed within 28 calendar days from the Checklist assessment to the final decision. However, in practice, it can often take around 6–12 weeks, particularly if medical evidence, reports or assessments are delayed. Hospital discharge cases may move more quickly where urgent care arrangements are needed. If the process exceeds 28 days, and you are waiting in a care setting, the NHS may cover your care temporarily until a decision is made.
How long does it take?
Why seek legal support?
NHS Continuing Healthcare can be life-changing for families facing significant care costs, but accessing the funding is rarely straightforward.
DST Representation Service
£750 +VAT
Get expert representation at your Decision Support Tool (DST) meeting. We discuss your prepared case beforehand, attend to present evidence and raise questions, record the outcome and agreed actions, and explain your immediate next steps.
Appeal Eligibility Assessment
£300 +VAT
Find out whether a negative NHS Continuing Healthcare decision may be worth challenging. We review agreed key papers, check deadlines and identify potential issues, then provide a written initial assessment outlining your options and recommended next steps.
Local Resolution Viability Review
£2,000 +VAT
We review agreed records in detail and provide a written report assessing potential grounds, evidence gaps, risks and whether further costs are justified based on your prospects for a successful appeal.
Every case is different, which is why we offer flexible fixed-fee services depending on where you are in the process. From initial eligibility advice to full assessment support and appeals, we can help you understand your options and take the right next step.
Understanding the process
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Make an enquiry
Speak to an expert
Build the evidence
Begin the application
Make an enquiry either on behalf of yourself or your loved one and tell us about your situation. We'll review the situation and help you understand whether NHS Continuing Healthcare funding may be worth exploring.
A member of our specialist team will be in touch to arrange your initial free consultation. If we find you may have a viable case and you'd like to move forward, you can book an Eligibility Assessment & Action Plan meeting with one of our experts.
If you choose to proceed, we can help gather and review the relevant care records, medical evidence and supporting information needed to assess the strength of your case prepare you or your loved one for the application.
Once the evidence has been reviewed, we can then initiate the NHS Continuing Healthcare assessment and support you or your loved one through the process, including preparation, guidance and advocacy where required.
Absolutely amazing service!! So friendly and so helpful, it was the first time in a long time that I’ve got hope!! And now I know have rights and have a leg to stand on!! I cannot thank Angie enough for her help today.
I have just had some fantastic advice at Emerald Law I would highly recommend them.
Emerald Law, specifically Heather Boyd, have been extremely efficient and professional throughout the process. Any information has been passed on or received in a timely manner and I would recommend Emerald Law without reservation.
All in all great service and a competitive price, no complaints. Always available when needed, thank you Heather and Caitlin, you were excellent!
We are extremely grateful to Emarald Law for the excellent service they provided. They informed us through every step from beginning to end and the app was very useful too.
Clear communication throughout. Would use again.
I am so pleased that I engaged Emerald Law to investigate the possibility that my aunt should have been eligible for NHS Continuing Health Care funding. Emerald Law discovered that this was in fact the case, have recovered a substantial amount of care fees and we have at last received our proper inheritance, just as my aunt had intended.
We are very grateful to Emerald Law for their professional advice and the very successful outcome, which has financially helped both families. We would especially like to thank Phil Turner who handled the case.
What our clients say
The need for care is not decreasing
Age UK reports that 57% of people over 80 and 40% of people over 65 are living with a limiting long-term health condition. Yet the number of people newly assessed as eligible for Standard NHS Continuing Healthcare has fallen by 43% since 2017/18.
57%
Care needs remain high
57% of people over 80 and 40% of people over 65 are living with a limiting long-term health condition.
- Age UK, 2024
43%
Eligibility has fallen
The number of people newly assessed as eligible for Standard NHS Continuing Healthcare has fallen by 43% since 2017/18.
- Age UK, 2024
71%
Care costs are rising
Average nursing care costs have risen by around 71% since 2016, from £741 per week to £1,267 per week in 2026.
- Competition and Markets Authority, 2017; Age UK, 2026
16.7%
Few assessments succeed
Only 16.7% of Standard CHC assessments resulted in eligibility in Q4 2025/26. Out of 12,462, only 2,075 were considered eligible.
- NHS England, 2026
The process is difficult to navigate
NHS figures also show how difficult the process can be. In Q4 2025/26, only 16.7% of Standard NHS Continuing Healthcare assessments resulted in eligibility. Out of 12,462 assessments, just 2,075 people were found eligible.
How our legal team can help
For many families, the issue is not whether their loved one has serious care needs. The difficulty is understanding how those needs are assessed, evidenced and presented under the NHS Continuing Healthcare criteria.
Our legal team can help you navigate the process, prepare the right evidence, challenge incorrect decisions and make sure your loved one’s care needs are properly considered.
Could your loved one be eligible for funding?
Paying privately for residential or nursing care
Complex health conditions such as Dementia, Alzheimer's, Parkinson's or stroke-related illness
Repeated falls, mobility issues or high supervision needs
Complex medication, nutrition or continence needs
Pressure sores or skin integrity concerns
Distressed, challenging or unpredictable behaviour
Refused NHS CHC funding
Never properly assessed for NHS CHC funding
You do not need to know whether your loved one qualifies before speaking to us. That is what we can help you assess.
Not sure if this applies to your loved one?
Understanding eligibility for NHS Continuing Healthcare funding is rarely straightforward. A consultation with our experts will help you know where you stand.
Find out if your loved one could be eligible for NHS CHC funding
Free initial consultation
Full Eligibility & Action Plan meeting for less than a day's care fee
No obligation, fully confidential
If your loved one is paying privately for care and has significant health needs, it is worth seeking advice.
Clear action plan with next steps
£160,000 in care fees recovered for a client
We recently recovered a total of £160,000 in wrongly paid care home fees for a client who should have been eligible for NHS Continuing Healthcare funding.
As well as securing funding for those who are paying ongoing care fees, we also handle retrospective claims where someone should have been eligible for funding dating back years.
Read our case study to find out more about how we were able to recover £160,000 in wrongly paid fees.
Did you know?
NHS Continuing Healthcare is NOT means-tested.
Many families assume their loved one cannot qualify for NHS Continuing Healthcare because they own a home, have savings, or are already paying privately for care.
That is not correct.
NHS CHC is based on assessed care needs, not financial circumstances. If someone is found to have a primary health need, their care may be arranged and funded by the NHS.
Did you know?
A full eligibility consultation & action plan with Emerald Law costs the same as two days of care
Private nursing care costs are averaging at £181 per day in England (Age UK). For £250+VAT we offer a full 1-hour of tailored legal advice with a written action plan so that you know where you stand and what to do next.
This all starts with a free consultation. Start your enquiry below to book yours.
Accessing NHS Continuing Healthcare funding
Can I challenge a past NHS CHC decision?
Yes, in some cases. If your loved one was refused NHS Continuing Healthcare, you may be able to challenge the decision if needs were not properly considered, evidence was missed, or the criteria were not applied correctly. Time limits can apply, so it is important to seek advice promptly.
Can someone receive NHS CHC funding at home?
Yes. NHS Continuing Healthcare can fund care in a person’s own home, as well as in a care home, nursing home or other care setting. Eligibility depends on the person’s assessed health and care needs, not where they receive care.
How can you help with appeals?
We can review the decision, identify potential grounds of challenge, gather supporting evidence and help present your loved one’s needs clearly under the NHS Continuing Healthcare criteria. We can also support you through local resolution and, where appropriate, further review stages.
Can you help recover care fees that were wrongly paid?
Yes, where there may be grounds to argue that your loved one should have been assessed or found eligible for NHS Continuing Healthcare during a past period of care. We can advise on whether a retrospective review may be possible and help prepare the evidence needed to pursue a claim.
© 2026 Emerald Law Solicitors Ltd. All rights reserved. Emerald Law is a trading name of Emerald Law Solicitors Ltd. Emerald Law Solicitors Ltd is a solicitors' practice registered in England & Wales (08837492) and is authorised and regulated by the Solicitors Regulation Authority (No. 615452)
Are care costs draining savings? NHS Continuing Healthcare
might be the answer
Checklist Advocacy Service
£750 +VAT
Feel supported at your NHS Continuing Healthcare Checklist meeting. We review your prepared case, meet with you beforehand and attend to present evidence, ask questions and raise concerns, then explain the outcome and immediate next steps.
Positive Checklist Consultation
£300 +VAT
Understand what happens after a positive NHS Continuing Healthcare Checklist. We explain the Decision Support Tool (DST) assessment, review agreed key papers and provide a written action plan covering evidence priorities, next steps and recommended support.
DST Assessment Support Service
£3,000 +VAT
Prepare for your Decision Support Tool (DST) assessment with a clear, evidence-based case. We review agreed records, analyse care needs and prepare written submissions, with preparation meetings and guidance on the outcome and next steps.