Can I refuse to pay care home fees?

Navigating the costs of care homes can be overwhelming, especially when fees seem unfair or unaffordable. Whether you're facing unexpected charges, disputing financial assessments, or simply wondering about your rights, some people may find themselves wondering ‘Can I refuse to pay care home fees?

In this guide, we’ll break down how care home fees work, why some people consider refusing to pay, and what legal and financial consequences might follow.

Understanding your options is key to making an informed decision, so let’s dive in.

Who is responsible for paying care home fees?

When it comes to paying for care home fees, responsibility depends on an individual’s financial situation and the type of funding available. Some people must cover the costs themselves, while others may receive financial support from their local authority.

If a person has assets above a certain threshold (£23,250 in England as of 2024), they are classed as self-funders and must pay for their care in full. These assets include savings, investments, and property. However, if their assets fall below the threshold, they may be eligible for local authority funding, meaning the council could contribute towards their care costs. The level of support depends on the results of a financial assessment.

Local authorities conduct a means test to determine whether someone qualifies for help. This assessment considers a person’s income, savings, investments, and, in some cases, the value of their home. If the home is still occupied by a spouse or certain dependents, it may be disregarded from the calculation. Even if a person qualifies for funding, they might still be required to contribute towards their care costs.

In most cases, family members are not legally required to pay for a relative’s care home fees. However, some families choose to contribute voluntarily, especially if their loved one does not qualify for full local authority funding. Families may also pay top-up fees to cover the cost of a more expensive care home than the local authority is willing to fund.

Understanding who is responsible for care home fees is crucial for financial planning and avoiding unexpected costs. If you are unsure about your situation, seeking professional financial or legal advice can help you make informed decisions.

Can I refuse to pay care home fees?

However, you may find yourself asking the question, ‘Can I refuse to pay care home fees?’ Perhaps you are in a situation where your fees have gone up unexpectedly. Or you may feel that you were misled or mistreated in some way.

There are ways to address problems with your provider, should you feel you have been treated unfairly.

Simply refusing to pay fees as set out in your contract with your provider is likely to cause more problems than it solves.

For example, there have been cases where people have attempted to hide their assets or earnings by giving it away. That is known as a deliberate deprivation of assets.

This occurs when an individual intentionally reduces their assets—such as by gifting money or transferring property to another person, typically a family member or partner—to avoid paying care costs. If a local authority determines that assets were deliberately reduced to qualify for financial assistance, they can treat the individual as still possessing those assets and may refuse to fund care home fees and seek to recover any money owed. If a family member has received assets through deliberate deprivation, the local authority may seek to recover costs from them.

Consequences of refusing to pay

The short answer is you cannot simply stop paying care home fees if you are unhappy with any aspect of the service. Simply refusing to pay can have potentially severe consequences and open you up to legal action, debt recovery and have a negative impact on your current and future care.

It could also result in you being evicted from the care home in question and leave you without the services you need.

However, that does not mean that you have no recourse if things go wrong. If you have faced an issue with the care you have received, or the care provider has not fulfilled their contract, the first thing to do is to lodge a complaint with the care home in question and follow their procedures.

However, if this does not solve your problems, you can also approach the Local Government and Social Care Ombudsman, who may be able to investigate further.

Steps to take if you cannot afford care home fees

There is help available to you if you cannot afford care home fees. In England, for example, you can potentially get help from the local authority if your savings are below £23,250. The amount of help you receive depends on your needs and how much you can afford to pay. This will be evaluated through a needs assessment.

You may also be eligible for a type of support known as NHS Continuing Healthcare. This does not require a means test but is available for those assessed as having a medical condition that requires ongoing treatment.

The NHS also offers NHS Funded Care where they will pay for the nursing services component of nursing home fees. Assessment for either NHS Continuing Healthcare or NHS Funded Care is done via integrated commissioning boards (ICBs).

It is also worth speaking with your provider if you are struggling to afford your care home fees. They may be able to work out a payment plan, or to see if there are any ways to reduce the fees you are paying.

All of these options are worth looking into if you are struggling to afford care fees.

However, if you are unable to come to an agreement with your provider or if you feel that you have not received the services expected and your complaint has not been resolved, then it is advisable to seek legal or financial advice.

Why you should never refuse to pay care home fees

The short answer to the question, ‘Can I refuse to pay care home fees?’ is no. It is never a good idea to simply stop paying, regardless of the problems you are facing. The truth is that there are plenty of options open to you if you cannot afford to pay or you are experiencing problems with your care.

Many of these are discussed above but it starts with gaining an understanding of your rights and obligations. If you are aware of the options that are open to you in terms of financial help and assistance, you may be able to find a solution that eases the burden.

Local authorities can assess your financial situation to determine if you qualify for funding support, while the NHS may cover costs in some cases. If you are struggling with payments due to unexpected circumstances, it is always worth speaking to the care home directly to discuss possible arrangements. Seeking professional advice from a solicitor or financial advisor who specialises in care funding can also help you navigate your options effectively.

You can also speak to the Society for Later Life Advisors who can help you with financial matters in later life.

Looking for a care home?

If you are looking for a care home for your loved one, Autumna can help! Our comprehensive online directory can make it easy for you to find a list of care providers in your area quickly and easily. On our platform, you can find care homes that can suit any budget, making it affordable to plan your care,

You can also use our shortlisting tool which can help match you with more personalised suggestions. Alternatively, for more information, you can call our friendly and knowledgeable team on 01892 335 330.