Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 21 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. R v North and East Devon Health Authority, ex parte Coughlan [2000] 2 WLR 622.
3. Parliamentary and Health Service Ombudsman. Available at: https://www.ombudsman.org.uk
4. Data Protection Act 2018, c. 12. Available at: https://www.legislation.gov.uk/ukpga/2018/12/contents
Copywright
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
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This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide explains what a previously unassessed period of care means in NHS Continuing Healthcare. It covers when such a period arises, the difference between this and an ordinary appeal, why time limits are the threshold question, what a successful claim recovers, who can bring one, and the practical steps to establish whether a claim is possible.
What a previously unassessed period of care is
A previously unassessed period of care is a period during which someone was paying for care and no NHS Continuing Healthcare assessment was ever carried out. The question is whether they should have been assessed, and whether it is still possible to ask.
What the term means
It describes a period of care during which the person was not assessed for NHS Continuing Healthcare at all, despite having needs that should have prompted an assessment. It is distinct from a period where an assessment took place and produced a negative decision, which is an appeal rather than a claim for an unassessed period.
When one arises
Most commonly where someone moved into a care home or began receiving substantial care privately, nobody mentioned NHS Continuing Healthcare, and the family funded the care throughout. It also arises after hospital discharge where a Checklist was never completed, and where a local authority arranged care without the health question being asked.
Time limits are the threshold question
This is the first thing to establish and the point most families do not realise. There are cut-off dates governing which past periods can still be claimed for, and the windows for older periods have closed. Establishing whether the period in question is still within a claimable window comes before any assessment of how strong the case is.
What it is not
It is not a general right to reclaim care fees. It is not available simply because the person had significant needs. And it is not the same as challenging a decision that was made, which follows the local resolution and Independent Review Panel route with its own six month expectations.
What a successful claim recovers
Reimbursement of care fees paid during the period for which the person should have been receiving NHS Continuing Healthcare. It does not produce compensation for distress or any wider damages. Where the person is still living and eligible now, ongoing funding is a separate question addressed by a current assessment.
Who can bring one
The person themselves, or someone authorised by them. An attorney or deputy with property and affairs authority. Where the person has died, the personal representative of the estate, who will normally need the grant of probate or letters of administration before the Integrated Care Board will engage in detail.
Where to start
Establish the dates of the period and whether it falls within a claimable window, because everything follows from that. Then establish whether any assessment took place, since that determines whether this is a claim or an appeal. Then start locating care records, which become harder to obtain as time passes.
Key takeaway
A previously unassessed period is one where no assessment happened at all and care was paid for. Establish the dates and whether the window is still open before anything else, then determine whether an assessment occurred, then find the records.
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Frequently asked questions
What does previously unassessed mean?
That no NHS Continuing Healthcare assessment was carried out during the period, despite the person having needs that should have prompted one. It is different from a period where an assessment produced a negative decision.
Is this the same as an appeal?
No. An appeal challenges a decision that was made. A claim for a previously unassessed period concerns a time when no assessment happened at all, and the two operate under different arrangements and deadlines.
Can we claim for any past period?
No. Cut-off dates govern which periods can still be claimed for and the windows for older periods have closed. Establishing whether your period is still claimable is the first step.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.