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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify that they are proposing to use the £5500 as a "fund" from which to deduct the weekly shortfall until the fund is exhausted please?
From what you say you paid the two payments to the care home prior to the council confirming care funding?
Notwithstanding the above fund they are holding, who is proposing to pay the shortfall? Would you propose to do so?
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Thank you Joshua
NHS Continuing care paid the home from 5/8/13 we were told that she had been given Continuing care funding on 10/9/13 this was a letter sent to the Care home passed on to my brother we were never directly informed by NHS, we then asked for a refund of amounts overpaid, and received no reply until 24/2/14 when they told us they were using the money overpaid for the shortfall, this could have been paid out of her pension had we been given the opportunity to decide for ourselves, my brother and I have POA for my mother who is 96 and in a very poor condition.
Neither the Care home nor the NHS have ever replied or clarified any queries we have asked them, and I want to know if we should pursue this matter legally, I have made an official complaint to the home.
Thank you for your help, problem is being dealt with by Nursing Home solicitors.