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  • FIRST POST
    • woeestme
    • By woeestme 10th Jul 17, 3:57 PM
    • 9Posts
    • 0Thanks
    woeestme
    Penalty Charge for mistake on Dental claim form
    • #1
    • 10th Jul 17, 3:57 PM
    Penalty Charge for mistake on Dental claim form 10th Jul 17 at 3:57 PM
    Hello, I'm currently on ESA. I recently went to the dentist and thought I was eligible for subsidised treatment. I wasn't sure which ESA I was on and mistakenly put 'income based' on the form whereas I'm actually on 'contribution based ESA', which doesn't entitle me to NHS treatment.

    Anyway, in addition to the dental costs which I told them I would pay, the NHS Business Services Authority have given me a penalty charge of £100, which I'm not allowed to contest legally. If I don't pay it, it'll be left to a debt collection agency to chase me for the money.

    According to the NHS Business Services Authority, because I signed the declaration at the dentist, I'm not entitled to contest.

    On the letter it states this is a 'civil penalty' and that ignorance on the issue is not a defence.

    I'm guessing this is some sort of Tory/New Labour policy to extort money from those in the lowest level in society.

    I'm trying to understand what legal authority they have to impose this penalty on me? Somebody in the NHS Business Services Authority has decided this is a useful way of collecting money off people.

    Anyway, do I have any recourse here?
Page 3
    • Geoff1963
    • By Geoff1963 12th Jul 17, 9:41 PM
    • 618 Posts
    • 386 Thanks
    Geoff1963
    I think the OP has gone . . .
    • dippy3103
    • By dippy3103 13th Jul 17, 12:53 AM
    • 1,675 Posts
    • 2,531 Thanks
    dippy3103
    I think the OP has gone . . .
    Originally posted by Geoff1963
    And just when we were all getting on so well
    • jessex1990
    • By jessex1990 13th Jul 17, 8:24 PM
    • 135 Posts
    • 73 Thanks
    jessex1990
    Just a thought. But would you qualify for free dental treatment on low income grounds? I'm sure you probably looked into this on account of knowing so much (other than if you are on ESA IB or C)
    Originally posted by dippy3103
    Possibly but he should have filled in the HC1 and got his approval first. There is a dedicated box to tick for it as well.
    • dippy3103
    • By dippy3103 13th Jul 17, 10:18 PM
    • 1,675 Posts
    • 2,531 Thanks
    dippy3103
    Possibly but he should have filled in the HC1 and got his approval first. There is a dedicated box to tick for it as well.
    Originally posted by jessex1990
    I agree... so not a tax on the poor after all, but an avoidable charge
    • Energize
    • By Energize 14th Jul 17, 3:09 AM
    • 294 Posts
    • 86 Thanks
    Energize
    They can seize property e.g. A vehicle and they can make peaceful entry e.g. Open door or window.
    Originally posted by Guest101
    They can't enter through a window, bailiffs can only enter through a normal means of entry such as a door, and they can't climb over fences etc to get in.

    As I don't have a vehicle myself I don't pay much attention to the threat of bailiffs etc anymore.
    Last edited by Energize; 14-07-2017 at 3:11 AM.
    • Londonsu
    • By Londonsu 14th Jul 17, 7:17 AM
    • 1,321 Posts
    • 2,838 Thanks
    Londonsu
    There has been a few threads on this and other boards, it's funny most of them have the same mind set as the OP, its unfair, a tax on the poor, why should I pay, and once its made clear that they have to they leave the thread in a huff.


    For prescriptions since 2016 the Pharmacists and assistants are suppose to ask for the exemption proof and are supposed to advise patients that if they are claiming when they shouldn't so they could get fined.


    After yesterday I can quite understand why they don't and tick the evidence not seen on the back of the prescription.


    When I went to collect my prescription I was asked to sign the back by the pharmacy assistant because I am over 60, I very politely pointed out my age and DOB are printed on the front and the notes on the back say I don't need to sign the declaration - but would be happy to if she wanted she was doing her job as far as I was concerned.


    Whilst I was waiting she served more customers, she was asking people to supply proof just as she is supposed to, one customer broke down in tears thinking she wasn't going to get her medication, a couple of people complained saying they had never been asked before and why was she asking now, but the last one really kicked off and was very aggressive.


    I work in retail and if an action that I was supposed to do resulted in my customers crying or getting aggressive I wouldn't do it and would be reminding my employers that they have legal obligation to safeguard me from any consequences of their policies or decisions in other words a duty of care.


    We are going to see more threads like this as the NHS (quite rightly) are pursuing those who claim when not entitled.
    Last edited by Londonsu; 14-07-2017 at 7:32 AM.
    • Guest101
    • By Guest101 14th Jul 17, 10:22 AM
    • 14,480 Posts
    • 14,170 Thanks
    Guest101
    They can't enter through a window, bailiffs can only enter through a normal means of entry such as a door, and they can't climb over fences etc to get in.

    As I don't have a vehicle myself I don't pay much attention to the threat of bailiffs etc anymore.
    Originally posted by Energize
    You're right only HCEO can use a window. In any case however, it's still not advisable to ignore a penalty notice for misuse of NHS resources
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