Can you claim care home fees back after a death?

Yes. A Continuing Healthcare claim survives death. The executor or administrator can bring it, and any refund is paid into the estate for distribution under the will or intestacy rules. Claims can cover care provided from 1 April 2012 onwards in England.

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Solicitor service · executors and administrators

Administering an estate? We check whether past care-home fees should be reviewed.

A possible NHS Continuing Healthcare claim can remain relevant after death. Where the deceased may have self-funded care that should have been NHS-funded, the executor or administrator can investigate the position and any reimbursement due is dealt with through the estate.

Start a free estate review Read the after-death guide →

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Useful starting information: care dates, whether any CHC assessment took place, invoices or bank evidence, and the grant of probate or letters of administration if available.

Can care-home fees be reclaimed after someone dies?

Potentially, yes. A retrospective CHC issue does not automatically end on death. The estate may be able to pursue a relevant care period, subject to the correct NHS route, the evidence and the authority of the person acting.

Check the route before distributing the estate

If a potentially significant CHC issue is apparent, it can be sensible to establish the position before final distribution rather than discovering the issue afterwards.

What do we need?

Authority: the executor or administrator will usually need to show the legal basis on which they act.

Care period: admission, discharge or death dates, even approximately at first.

Funding history: who paid, whether FNC or CHC was ever in place, and whether any assessment was completed.

Evidence: care-home, GP, hospital and other records that can reconstruct the person’s needs during the relevant period.

What if there was already a CHC refusal?

That matters. A period already assessed is not automatically a “previously unassessed period”. The proper route may instead be review, appeal or complaint. We identify that distinction before advising on the next step.

Estate and retrospective claims

The after-death recovery cluster

Claim after death
The practical guide for families →Reclaim care-home fees
Retrospective CHC and reimbursement →Retrospective CHC
PUPoC and past care periods →Who qualifies
The eligibility test still applies →Primary health need
The core funding test →Fee recovery solicitors
Our wider retrospective service →