Can anyone please help

FedupandFrustrated

Hi

My dad has been off work for roughly 18 months now due to a diagnosed heart condition. As he was only in temporary employment when he fell ill, he does not receive any kind of sick pay and has now been forced to sign on the dole and claim JSA as the DWP have declared him 'fit to work' despite letters from hospital consultants stating that he is not.
Yesterday he received a letter and fine of £94 fine from the NHS for 'fraudulently claiming free healthcare costs' stating that he is in receipt of contributions based JSA, not income based, and therefore not entitled to free dental care or prescriptions. We were not aware that there are two different kinds of JSA, and that one allows free prescriptions etc, whilst the other doesn't. None of this was explained to him when he was forced to sign on.
Can anyone please help us on where he stands with this? He has since paid for his dental appointment but we are appealing the fine. I'm just concerned that as our only argument is 'I was not made aware of the situation' and 'I have always paid in the past, and would never knowingly claim for something I was not entitled to', we might not stand much chance of the fine being over-turned. Any help on the matter and getting this fine revoked would be much appreciated.
On a similar note, it seems incredibly unfair that anyone can be penalized by the government for not making enough NI contribution in the current/previous tax year, despite having paid tax and NI continually for the 30 odd years prior. If anyone can advise on what my dad can claim for, again, I'd really appreciate your help. We have tried the local CAB but unfortunately they were far from helpful and rather dismissive of the situation.

Thanks in advance and apologies for the essay!

Diary

'On a similar note, it seems incredibly unfair that anyone can be penalized by the government for not making enough NI contribution in the current/previous tax year, despite having paid tax and NI continually for the 30 odd years prior.'

How is he being penalised for this? Is he indeed on contribution based JSA? If he is on contribution based benefits he isn't being penalised.
If, however he is on income based benefits then the dental fine wouldn't stand. Please clarify which JSA he is on income or contribution based.

Incidentally the NHS tried it on with me re:a dental fine recently and very quickly rescinded the fine when I wrote to them -no apology though for trying it on. It's always worth a go.

If your dad looks into PIP he might find he fits the descriptors, its a non-means tested disability benefit.

Mojisola

If you're new to the benefits system, it can seem confusing at first.

If your Dad is on contributions based JSA, he is benefiting from the NI contributions that he has paid. He could still claim help with his health costs if his total income is low - http://www.nhs.uk/NHSEngland/Healthcosts/Pages/nhs-low-income-scheme.aspx

As you didn't get much help from CAB, see the suggestions here - https://www.bhf.org.uk/heart-health/living-with-a-heart-condition/money-issues

He really needs to apply again for health benefits. Don't try again without getting experienced help.

robotrobo

go on to the benefits & work website it will help you.

FedupandFrustrated

He is being penalized though. Turns out he is on contributions based JSA, but this means he can't claim for healthcare costs. Why is it fair that because he has been unable to work for the last 18 months, he is not entitled to this help? He wants to work, and has worked all his life until this condition was diagnosed. I am not making out that he is being singled out individually, anyone in a similar situation is being forced to pay for prescriptions etc due to being out of work through no fault of their own. DWP do not look at the bigger picture and take into account the fact that many people have paid tax and NI for years

Mojisola

FedupandFrustrated wrote: »

He is being penalized though. Turns out he is on contributions based JSA, but this means he can't claim for healthcare costs. Why is it fair that because he has been unable to work for the last 18 months, he is not entitled to this help? He wants to work, and has worked all his life until this condition was diagnosed. I am not making out that he is being singled out individually, anyone in a similar situation is being forced to pay for prescriptions etc due to being out of work through no fault of their own. DWP do not look at the bigger picture and take into account the fact that many people have paid tax and NI for years

Someone on contribution based JSA could have a million pounds in savings and have no need for help with prescriptions.

Other people on CB JSA have a low income and few savings and so do need help - that's why they have the option of claiming help.

BlueEyedGirl

FedupandFrustrated wrote: »

Hi

My dad has been off work for roughly 18 months now due to a diagnosed heart condition. As he was only in temporary employment when he fell ill, he does not receive any kind of sick pay and has now been forced to sign on the dole and claim JSA as the DWP have declared him 'fit to work' despite letters from hospital consultants stating that he is not.

Yesterday he received a letter and fine of £94 fine from the NHS for 'fraudulently claiming free healthcare costs' stating that he is in receipt of contributions based JSA, not income based, and therefore not entitled to free dental care or prescriptions. We were not aware that there are two different kinds of JSA, and that one allows free prescriptions etc, whilst the other doesn't. None of this was explained to him when he was forced to sign on.

Can anyone please help us on where he stands with this? He has since paid for his dental appointment but we are appealing the fine. I'm just concerned that as our only argument is 'I was not made aware of the situation' and 'I have always paid in the past, and would never knowingly claim for something I was not entitled to', we might not stand much chance of the fine being over-turned. Any help on the matter and getting this fine revoked would be much appreciated.

On a similar note, it seems incredibly unfair that anyone can be penalized by the government for not making enough NI contribution in the current/previous tax year, despite having paid tax and NI continually for the 30 odd years prior. If anyone can advise on what my dad can claim for, again, I'd really appreciate your help. We have tried the local CAB but unfortunately they were far from helpful and rather dismissive of the situation.

Thanks in advance and apologies for the essay!

This link tells you who is exempt from paying for NHS Dental Care:

http://www.nhs.uk/chq/Pages/1786.aspx?CategoryID=74

Did the dental surgery not check your dad's DWP letter or ask for proof of his benefits at his appointments?

Your dad would have had to sign something in the dentist 'a declaration' about what benefits he was on, yes he could have got confused given his recent ill health so I would appeal the fine stating this and that he did not know their were two rates of JSA paid and therefore did not know he was not exempt.

Use this form to make an appeal:

http://www.nhsbsa.nhs.uk/DentalServices/Documents/DentalServices/Appeals_Process_Patient_View-Final-27062014.pdf

If your dad is still on a low income then have a look at the NHS Low Income Scheme to see if he qualifies for help:

http://www.nhsbsa.nhs.uk/HealthCosts/1136.aspx

Diary

Had he not worked all his life and been entitled to income based benefits he would have qualified for much more help than simply dental and prescriptions etc..
The system grossly and unfairly penalises those of us, like your dad, who have worked our entire lives.

OP check and see if your dad can get an income based top up to his jsa or esa should he try again. This 'top up' will then get him much more help.

And look into PIP.

merlin68

Plus housing benefit or smi and council tax benefit and warm home discount.
Being on contributions based doesn't automatically exclude you from these things.
You just have to apply for them separately.

HB58

OP, I'm confused! :huh:

You say that your Dad has been off work for some time, therefore he is unlikely to be entitled to Contributory JSA (which seems to be what you are saying when you talk about being penalised for not having made enough NI contributions in the qualifying tax year/s). If he is on Income-Related JSA he would be entitled to the free dental treatment anyway.

Londonsu

Diary wrote: »

Had he not worked all his life and been entitled to income based benefits he would have qualified for much more help than simply dental and prescriptions etc..
The system grossly and unfairly penalises those of us, like your dad, who have worked our entire lives.

OP check and see if your dad can get an income based top up to his jsa or esa should he try again. This 'top up' will then get him much more help.

And look into PIP.

Sorry totally and utterly disagree with this I have worked for 45 years, if I lost my job I would not be entitled to income based JSA or indeed any income based benefits as my husband gets a pension that he himself worked for 45 years to 'earn', I now get free prescriptions and eye tests due to my age (well actually only eye tests as I have always had free prescriptions due to a medical condition) but not dental care, and I have no beef with this, income based benefits and all the freebies that come with it are not there for people who think they are 'owed' just because they have worked, they are there for people on low incomes who need it, the only thing someone who has only worked for 30 odd years is 'owed' is a state pension