Welcome to York & District Citizen's Advice Bureau's monthly advice column.

Each month we will attempt to answer questions on different subjects.

This month it's a topical subject as the Health Service Ombudsman has just released a report into those who may have mistakenly been asked to pay for long-term care.

If you have been affected by this contact Ann Abraham, Health Services Ombudsman, OHSC, Millbank Tower, London, SW1P 4QP. Telephone number 0845 015 4033.

Q How can I tell if I should be paying for my care or not?

A Case law states: "Where an individual's primary need is a health care need, then the responsibility is that of the National Health Service." The problem is that various criteria have been applied in different local authority areas.

Q Following my assessment I must pay for my care, should I challenge the decision?

A There are three bands of nursing provision based on the severity of your illness or disability, these are £35, £70 and £110, which is the sum paid towards your care every week by the NHS.

It is sometimes worth challenging every assessment, as those in lower bands may qualify for full NHS-funded care as their primary needs might well be health needs.

Q My father paid for his care in a nursing home. He is now dead. Can I claim money back on his behalf?

A Yes, the Ombudsman has said that health authorities must compensate the individual or their representatives if they have been wrongly forced to pay for their care.

Q I have challenged the decision that I should pay for my care, but my case is dragging on. What should I do?

A Write to the Ombudsman if you have not had a satisfactory decision within three months. The Ombudsman's Office is sympathetic to those cases brought by those in long-term care as it recognises that they are mostly on behalf of the frail and elderly.

If you have a query about this, or any other subject please contact us at 3 Blossom Street, York, YO24 1AU, Telephone 01904 636066, Fax 01904 620571, Email admin@yorkcab.org.uk. You can get details of all of our services on our website at www.yorkcab.org.uk

- York & District CAB is a registered charity offering free impartial, independent and confidential advice.

Updated: 08:49 Thursday, March 13, 2003