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 how time limits operate on claims for past periods of NHS Continuing Healthcare. It covers why deadlines exist, the closure of the windows for older periods, how limits differ from appeal deadlines, how to establish the position for a specific period, the limited scope for discretion, and what to do if the window has closed.
Time limits on retrospective CHC claims
Time limits decide most retrospective claims before anything else is considered. The windows for older periods have closed, and no amount of evidence reopens a period that is out of time.
Why limits exist
Claims covering past periods depend on care records that deteriorate, get archived or are destroyed, and on staff recollection that fades. Deadlines were introduced to bring the historic backlog to a conclusion and to keep claims within a period where evidence can realistically be examined. That reasoning is why they are applied firmly.
The windows for older periods have closed
National deadlines were set for claiming in respect of historic periods, and those deadlines have passed. Periods falling before those cut-offs can no longer be claimed for, regardless of how strong the underlying case would have been. This surprises families and it is the most common reason a claim cannot proceed.
Do not rely on dates from an old article
Deadlines and the arrangements around them have changed over time, and material published years ago may state a position that no longer applies. Confirm the current position for your specific period directly with the Integrated Care Board or on GOV.UK before proceeding, rather than relying on general guidance including this page.
This is different from appeal deadlines
An appeal against a decision that was made runs on the six month expectation for requesting local resolution, then six months from its conclusion for referral to NHS England. Claims for periods where no assessment happened operate under separate arrangements. Confusing the two wastes time, so establish which you are dealing with first.
How to establish your position
Identify the exact start and end dates of the period during which care was paid for. Establish whether any Checklist or assessment took place at any point. Then ask the Integrated Care Board in writing whether a claim in respect of that period can still be considered, and ask it to confirm the basis of its answer.
Discretion is limited
Where a deadline has passed, there is limited scope for it to be waived. Where the delay was caused by a failure of the Board itself, for example a failure to carry out an assessment that was requested, or a failure to respond to correspondence, that is worth setting out. It is not a strong route but it is not nothing.
If the window has closed
Two things may still be open. If the person is living, a current assessment can establish eligibility going forward, which is often worth considerably more than a past period. And where the handling of the matter involved maladministration, the Board's complaints process and then the Ombudsman address that separately from eligibility.
Key takeaway
Establish the window before anything else, and confirm it directly with the Board rather than from published guidance. Where a period is out of time, a current assessment for a living person is usually the more valuable route.
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Frequently asked questions
How far back can a claim go?
Cut-off dates govern which past periods can be claimed for, and the windows for older periods have closed. Confirm the position for your specific dates with the Integrated Care Board rather than relying on general guidance.
Why can we not claim for an older period?
National deadlines were set for historic claims and have passed. Periods falling before those cut-offs can no longer be claimed for, regardless of the strength of the underlying case.
Is this the same as the six month appeal deadline?
No. That applies to challenging a decision that was made. Claims for periods where no assessment took place operate under separate arrangements, so establish which situation you are in first.
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.