Is there a time limit for making a retrospective CHC claim?

There is no fixed statutory time limit, but in practice claims going back more than 10–15 years become very difficult to evidence because care records may have been destroyed and key clinicians may no longer be available. Acting as soon as possible after the care period ends gives the strongest chance of success.

How long does a retrospective CHC claim take?

Most retrospective claims take 12–24 months from initial submission to final decision. Complex cases or those that require an Independent Review Panel can take longer. The Integrated Care Board must acknowledge a claim within set timescales but the full review process is rarely quick.

What evidence do I need to make a claim?

You'll need care home records or home care notes for the relevant period, GP records, hospital discharge summaries, social services assessments, and any continence, medication or behaviour charts. A specialist solicitor will request these from the relevant providers under data protection rules — you don't need to gather everything yourself before you start.

What happens if the retrospective claim is refused?

You can ask the Integrated Care Board for a Local Resolution Meeting, then escalate to NHS England's Independent Review Panel within six months of the local decision. Many initial refusals are overturned at one of these stages, particularly when supported by strong contemporaneous records and expert representation.

Do I need a solicitor or can I make the claim myself?

You can make a claim yourself, but the process is complex, document-heavy and involves the same Decision Support Tool framework used for live CHC assessments. Most families use a specialist solicitor on a no-win-no-fee basis. The solicitor takes a percentage of any refund awarded, and you pay nothing if the claim is unsuccessful.

Care fee reclaim — did the NHS owe your family money?

If a relative received care that should have qualified for NHS Continuing Healthcare funding — but wasn't assessed, or was wrongly refused — your family may be entitled to claim back the fees you paid. Retrospective CHC claims can recover money going back years, sometimes tens of thousands of pounds.

Last reviewed: 23 April 2026·Reviewed by: CareGuide UK Editorial Team, reviewed by an SRA-regulated CHC specialist solicitor

What is a retrospective CHC claim?

When someone received care privately or through local authority funding, but their health needs at the time meant they should have qualified for fully funded NHS Continuing Healthcare, their family can apply for a retrospective review. If the review finds they should have qualified, the NHS must refund the care fees paid during that period.

Who can make a retrospective CHC claim?

You may be able to make a claim if:

Your relative received residential, nursing, or home care in the past
They had complex health needs — physical or cognitive — during that period
They were either never assessed for CHC, or were assessed and refused
The person has since passed away — claims can be made on behalf of deceased relatives by their estate

How far back can you claim?

There is no fixed time limit for retrospective CHC claims, though in practice claims going back more than 10–15 years become harder to evidence. Claims are assessed on the health records and care needs documented at the time, so the availability of contemporaneous notes is the key practical limit.

How much could a claim be worth?

Care home fees in the UK average £800–£1,400 per week. A person who received care for two years that should have been NHS-funded could be entitled to a refund of £80,000–£140,000. Claims vary significantly depending on the length of care, the type of care, and the region.

What is the claims process?

Retrospective CHC claims are handled by NHS Integrated Care Boards. The process involves:

Requesting care records and medical notes from the care period
Completing a Decision Support Tool assessment based on historical records
Submitting the claim to the relevant Integrated Care Board
Appealing if the initial assessment is refused

Why use a specialist solicitor?

Retrospective CHC claims are complex and time-consuming. A specialist solicitor who handles these cases on a no-win-no-fee basis navigates the process, gathers evidence, and maximises the chances of a successful outcome. You pay nothing unless the claim succeeds.

Frequently asked questions

Yes. Claims can be made on behalf of a deceased relative by the executor or administrator of their estate. Any refund awarded becomes part of the estate and is distributed under the will or intestacy rules. You'll need death certificate, grant of probate or letters of administration, and the deceased's care and medical records.