NHS Penalty Charge Notice received

sasquartch

I was recently unemployed and in receipt of Job Seekers Allowance. During this time I had an NHS dental checkup which normally cost £18.50. I told the dental practice I was in receipt of JSA and was told that I did not need to pay.


Now, several months later, I have received a letter stating that my claim was invalid as my JSA was contribution based rather than income based whatever that means.
The result is that I am being asked for the £18.50 which is fair enough but also an additional £92.50 penalty !
Although I signed the form like I always do for NHS treatment I simply took the dental receptionists advice who at no time said anything about there being two types of JSA or the possibility of any penalties being levied if information was incorrect.
Obviously I will appeal as I feel I have been incorrectly advised and certainly never had any intention of claiming anything that I wasn't entitled to
Can anyone offer any guidance on how best to proceed - ideally I want the penalty cancelled but pay the cost of the treatment.
Thanks.

nannytone_2

your problem is that you took advice from someone that wasn't qualified to advise you.
it really would be no different if the milkman had told you that you didn't have to pay!
the onus is always on the claimant to ensure that they are claiming only nbenefits that they are entitled to.
the form you signed for treatment would have told you the qualifying benefits.
if you signed without reading it, you cannot claim ignorance

antrobus

sasquartch wrote: »

...Can anyone offer any guidance on how best to proceed - ideally I want the penalty cancelled but pay the cost of the treatment.....

You can appeal the penalty charge to the NHS Business Services Authority.

Write to us, explaining why you think the penalty charge has been applied incorrectly Please ensure you clearly indicate on your email/letter the word “Appeal” Send your written appeal to us via;

Email: nhsbsa.dentalbecs@nhsbsa.nhs.uk
Post: NHSBSA Appeals, PO Box 321, Darlington, DL98 1AL

tomtontom

I was under the impression the form states income based JSA, not just JSA. Did you not read it?

sasquartch

No I didn't read it CLOSELY.


I didn't even realise there were different types of JSA, hence I took the receptionists advice. Obviously with the benefit of hindsight I wouldn't again.


Also, how ever reads a NHS dental form fully before signing ? And who ever gets given a copy to take away ?


I will appeal, I realise it's my fault, but have probably done what most other people would have done.


If the penalty was a more reasonable amount, eg £30 I'd just pay, but I think £92.50 is really out of proportion for a GENUINE mistake without any intention to defraud.

tomtontom

It's not a case of reading the form fully, but the key words are right next to the box you ticked - difficult to see how they could have been missed.

ohreally

sasquartch wrote: »

No I didn't read it CLOSELY

Or correctly.

[Deleted User]

As a medical exempt certificate holder, 'sometimes' made to pay for prescriptions depending which despencer was on, when I was without an updated card, imagine when my card come through and was actually back dated funnily enough! so talk about saving someone's back...

I did wonder how these medical places escape any rap as the chemist and other places are less then innocent in matters like these, so I hope you query this OP, really I do, can't believe upset paying for the last prescription I couldn't afford to then receive a back dated card was a little insult! Glad I don't rely on the state for ought else

Dr._Shoe

The OP states that they weren't aware that there were two kinds of JSA. Even I wasn't aware until now so it is a mistake that I might have made too. The payments are even the same too so it is just a matter of terminology it would seem!

What I don't get is why you'd be able to get free treatment with one and not with the other!

GirlFromMars_2

I believe when I bought my new glasses the optician filled out the form, and ticked the correct (ESA-IR) boxes. I just signed it. I can completely understand how someone would be flustered in that situation, and if you don't know there aren't two types of JSA why would you question the person who deals with these forms on a daily basis.

There appear to be quite a few instances where Dental Receptionists have contributed to this error. Maybe it's time someone took these forms away from them or give them a little training about the correct questions to ask so that people don't end up with large fines.

nannytone_2

income related JSA is paid because of low household income ( less than £118 ish a weekj for a couple) contributions based JSA is paid because of sufficient NI contributions and is paid regardless of household income.
if you receive conts based JSA, you need to complete an HC1 form and will receive exemption from NHS charges if household income is low enough.

when claiming ANY benefit, it is up to the claimant to ensure that they know all the rights and responsibilities that come with the particular benefit that they claim