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Last Updated: Wednesday, 3 January 2007, 21:09 GMT
Son wins 50K for mother's care
A man who was forced to sell his mother's home in Torquay in order to pay for her nursing care has won a landmark case against the NHS.

Torbay Care Trust has been ordered to pay Mike Pearce 50,000 after refusing to pay for all his mother Ruby's care.

Mrs Pearce, who died two years ago aged 84, had Alzheimer's but was judged ineligible for NHS care even though she could hardly do anything for herself.

Mr Pearce believes his case will help create a fairer system in the future.

People from all around the country have been given hope
Mike Pearce
When his mother developed Alzheimer's she had to go into a home.

But the Trust told him his mother was not eligible for funding, even though she had had a stroke.

For three years Mr Pearce argued that Torbay's reasoning did not comply with any of the government's criteria and now he has won his battle.

Mr Pearce used the criteria in a draft framework for NHS continuing care funding which contains 11 different categories to assess whether someone is eligible.

Mr Pearce said: "I'm pleased because it makes life a lot easier for a lot of people.

"People from all around the country have been given hope that they can get the correct funding for their loved ones who are suffering from a terminal illness."

The Trust said in a statement: "We are pleased that there has been a settlement in this case and do understand how difficult this process has been for Mr Pearce over the past three and a half years."

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