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SOCIAL CARE • ENGLAND

Burnham’s social care proposals: what families paying care fees should know

Care Home Cost Claims · 27 September 2026

A promise of free social care will matter to anyone watching a parent’s savings disappear into care home fees. But families need to know what is being proposed, what remains undecided and whether the NHS should already be funding their relative’s care.

Free social care? What families need to know — Care Home Cost Claims
Our analysis of the proposals and the funding available under the present system.

What has Burnham proposed?

In its report published on 27 September, the BBC says Andy Burnham wants a social care system for England based on NHS principles. He intends to put a plan before voters at the next general election, with the details informed by Baroness Casey’s review.

The report leaves important questions unanswered: how the scheme would be paid for, which services it would cover and when it would start. For a family receiving a care home invoice this month, the announcement does not itself create a new entitlement to free care.

Would “free care” cover the whole care home bill?

That cannot be assumed. Personal care means assistance with everyday activities such as washing, dressing and eating. A care home bill also includes accommodation and other living costs.

The distinction will be central to any eventual policy. A scheme that pays for personal care could still leave residents paying other charges. Until there is a detailed plan, families should be cautious about headlines suggesting that care home fees are about to disappear.

What help is available now?

Council-funded care in England generally involves two separate questions: what care a person needs, and how much they must contribute towards its cost.

For 2026–27, the upper capital limit is £23,250. A care home resident with assessable capital above that level will generally pay their own fees. The word “assessable” matters: some assets must be disregarded, and a property is not counted in every case. Falling below the limit does not necessarily make care free, because an income contribution may still be payable.

Those financial rules do not determine eligibility for NHS Continuing Healthcare.

NHS Continuing Healthcare is already available

NHS Continuing Healthcare (CHC) is funding for adults assessed as having a primary health need. It is not means-tested: owning a home or having savings does not disqualify someone. The NHS arranges and funds a package to meet the person’s assessed needs, whether at home or in a care home.

A diagnosis of dementia, Parkinson’s or another condition does not automatically establish entitlement. The assessment looks at the nature, intensity, complexity and unpredictability of the person’s needs, including how those needs interact. The NHS guide to Continuing Healthcare explains the assessment process.

For example, an assessment may need to consider swallowing difficulties alongside mobility problems, skin damage and an inability to communicate pain. A short description of the diagnosis may reveal very little about the care actually required.

Should families wait for reform?

If there is a question about current funding, it is worth addressing now. A future policy will not resolve an existing assessment dispute or preserve an appeal deadline.

  • If CHC has never been considered, ask the care team or local integrated care board whether an assessment is appropriate.
  • If funding has been refused or withdrawn, obtain the decision letter and assessment documents. Check the reasons and the deadline for requesting a review. Our guide to challenging a CHC decision explains the route.
  • If care fees have already been paid, establish whether that period was assessed. A challenge to a previous decision and a request to assess a previously unassessed period are different processes. See our guidance on retrospective CHC and care fee recovery.

Keep care notes, assessments, correspondence and invoices together. They help show what needs existed at the relevant time and what was paid. Eligibility or reimbursement is never automatic; the evidence and the applicable process matter.

Help with a care funding decision

Care Home Cost Claims is a specialist service from Theodorous. We advise families on CHC assessments, disputed decisions and whether past care fees merit investigation.

You can use the NHS assessment and review processes without a solicitor. If you would like legal help, contact us about your circumstances or email [email protected].

This article concerns England and provides general information, not advice on an individual case. The reform proposals are described as reported by the BBC on 27 September 2026; their scope and funding remain unsettled.

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