NHS unpaid dental fine

FBaby

Contact them and explain exactly what you have written here. They might appreciate yours was a genuine mistake and not apply the fine. As said above, it definitely is worth the try, especially if you take the same approach of admitting your responsibility in the error.

pmlindyloo

Another angle to approach this (and CAB could help here) is to query why your JSA was not backdated to the date your ESA stopped.

When you received your decision letter about your ESA there should have been information on it about claiming JSA whilst you were going through the reconsideration.

Was there a reason why you didn't apply for JSA earlier? Were you experiencing any health problems which meant that you didn't understand about claiming JSA during mandatory reconsideration?

CAB will be able to explain how you might be able to pt in a claim for backdating the JSA. It's a long shot so take advice from CAB.

By the way, why didn't you put in for the ESA appeal? The ESA would then have been backdated to when it stopped (if you weren't claiming JSA.)

cc91

pmlindyloo wrote: »

Another angle to approach this (and CAB could help here) is to query why your JSA was not backdated to the date your ESA stopped.

When you received your decision letter about your ESA there should have been information on it about claiming JSA whilst you were going through the reconsideration.

Was there a reason why you didn't apply for JSA earlier? Were you experiencing any health problems which meant that you didn't understand about claiming JSA during mandatory reconsideration?

CAB will be able to explain how you might be able to pt in a claim for backdating the JSA. It's a long shot so take advice from CAB.

By the way, why didn't you put in for the ESA appeal? The ESA would then have been backdated to when it stopped (if you weren't claiming JSA.)

I didn't put in the appeal for ESA after the mandatory consideration because the previous time I was on ESA (years ago) after I appealed, it took so many months to get my payment that I ended up having to go and collect a giro worth about £470 in person (was only getting £50/week so that's how long it took), I had almost nothing in the bank and couldn't risk that again so I decided just to go on to JSA and I applied the very same day I received my unsuccessful mandatory reconsideration (3rd July)

dippy3103

So can you apply for a backdate of JSA? Then you would be entitled on those grounds.

I strongly advise against ignoring it- these things tend to escalate. As others have said, it sounds as if it was a genuine mistake. Try sending them a letter explaining. They may just ask you to pay for the treatment then x

dippy3103

Another thought... Do you get housing benefit?

cc91

dippy3103 wrote: »

So can you apply for a backdate of JSA? Then you would be entitled on those grounds.

I strongly advise against ignoring it- these things tend to escalate. As others have said, it sounds as if it was a genuine mistake. Try sending them a letter explaining. They may just ask you to pay for the treatment then x

I don't know where I can apply to get my JSA backdated, can't seem to find a link to do so online, not sure if they would accept anyway, my ESA was stopped on the 18th and I didn't send the mandatory reconsideration off until the 1st July as I had 2 weeks to do it, got the decision to not approve the mandatory consideration on the 3rd and applied that very day. They would probably say I should have sent the mandatory reconsideration instantly since I don't have any reason why I didn't send it off until the 1st, just didn't bother getting round to it.

dippy3103 wrote: »

Another thought... Do you get housing benefit?

No housing benefit.

Thanks for all the replies so far, someone on another forum suggested just sending them payment for the treatment fee and ignoring any subsequent letters requesting the £100 fine if they do come, he thinks it's unlikely that the NHS would take it to court and that they don't have the authority to impose the fines.

But I'll be visiting the CAB first thing tomorrow and explaining everything to them and I hope they can advise me or help me draft a letter to the NHSBA to try and get them to drop the penalty and just pay for the treatment.

FBaby

Thanks for all the replies so far, someone on another forum suggested just sending them payment for the treatment fee and ignoring any subsequent letters requesting the £100 fine if they do come, he thinks it's unlikely that the NHS would take it to court and that they don't have the authority to impose the fines.

Very unwise advice.

cc91

FBaby wrote: »

Very unwise advice.

Yes I thought it seemed odd, if they would be satisfied with just the treatment fee then they would not have requested the penalty charge too.

Unfortunately there were no appointments when I got to the CAB today, a few of the workers were off. They're closed tomorrow so I'll hopefully have an update on things Monday if I manage to get an appointment.

dippy3103

Of course the NHS can enforce the fines.

Furthermore, if you ticked the box saying you were getting ESA you (albeit unintentionally) made a false statement.

Or they could go down the civil enforcement route - and wind up with a ccj

You are doing the right thing dealing with the issue.