As far back as 1999, in what became known as the Coughlan case, it was established that those whose primary needs were health needs, should receive that care free under the NHS.

In 2006 the case of Grogan made it obligatory for the NHS to have a system in place for assessing whether a persons primary need was a health need.

In 2007 the Department of Health issued the National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care (The Framework) which aimed at reinforcing the primary need message as well as removing the “postcode lottery” which it felt was attaching itself to investigating a persons eligibility.

Since the implementation of the Framework over £15 million has been reclaimed on behalf of residents of nursing and care homes and their families. The money has been repaid because the person in the nursing or care home had physical or mental health needs which meant that the fees should have been paid by their local Primary Care Trust.

The people concerned had gone to great expense, using savings built up over many years and in some cases selling the family home. However many were incorrectly assessed and told they were not eligible while others were simply not aware that the responsibility for paying for care funding may not lie with themselves. Though the Framework has given many the opportunity to apply for funding for nursing care, figures show that there are still too many who may be entitled to reimbursement of fees.