Life savings ‘eaten up’ by care costs, court told

Lawyers representing Commissioner for Older People Eddie Lynch challenged the lawfulness of a process used to determine if an individual should contribute towards the cost of their continuing healthcare.

Mr Lynch has brought proceedings against the Department of Health and the Belfast Trust in support of a pensioner with complex medical needs who was refused the funding.

Continuing healthcare involves assessing whether a person's requirements are primarily health or social care related.

A revised policy published in 2021 used a single criteria question to ask if care needs can properly be met in any setting other than a hospital - where there is no fee.

Anyone who answers ‘yes’ would be placed in a nursing home with a charging policy applied.

All older people with assets worth more than £23,250 would need to pay for their own continuing healthcare.

During the hearing Mr Justice Scoffield asked counsel: “Your point is that many people like Mr McMinnis, who have worked all their lives, this eats up all their savings.”

Fiona Doherty KC, for the Commissioner, said: “It does eat up their savings.”

Mr Lynch is backing the case made by Robin McMinnis, a man in his 70s paying for his nursing home costs after being denied the continuing healthcare funding.

During the hearing Mr Justice Scoffield asked counsel: “Your point is that many people like Mr McMinnis, who have worked all their lives, this eats up all their savings.”

Ms Doherty said: “It does eat up their savings.”

The case continues.