Nhs dental charges penalty notice

Hello everyone,
yesterday i received a nhs dental charge penalty notice,which was a hell of a shock,i can tell you.
I will quickly attempt to explain.
A couple of years ago,after many years on the sick with crippling depression and anxiety,i changed doctors,and found someone who could help me,i came off the tablets and started CBT.
I won my ESA award and was told they would review me in a years time,but i felt so much better because of the CBT i signed off the sick 3 weeks later and became self employed,using the money that had accrued during my ESA tribunal i started a small business.
The only benefit i get now is working tax credit,i haven't any kids.
I pay myself £130 a week,and i am lucky to get that after all my business bills are paid.
I went to the dentist for the first time in 8 years last September as i broke a tooth grinding my teeth,caused by my anxiety,which still cripples me,but i can mostly control it.
At the dentists i asked the receptionist"Do i have to pay,i am on working tax credits" to which she replied"no,the nhs will cover it".
So the dentist examines me,and i need 2 fillings,both for broken teeth.
They inform me i will have to pay for the fillings,as they are white,so i pay £190 for 2 fillings.
Afterwards the dentist says "you should really have a gumshield,to stop you grinding your teeth".
I said "no,i can't afford it"
The dentist says "it wont cost you anything,the nhs will pay"
I actually said these words"I think it will be a waste of nhs money"
Dentist says"actually,you will save the nhs money by getting the gumshield as it will prevent further damage".
I agreed and it was done.
Fast forward to yesterday,when i got the penalty charge notice,and now i have a bill over £300 to pay.
I'm fuming because i feel as if i am seen as a benefit cheat,trying to defraud the nhs,and i feel as if the dentist coerced me into getting the gumshield(which i cannot use).
After investigating on google,it looks like i am stuck with this bill/fine,as it was up to me to know that i wasn't entitled to receive help towards dental costs.
Is there anything i can do?
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Comments

  • brook2jack
    brook2jack Posts: 4,563 Forumite
    You will have signed a NHS form which will have been ticked to say that you do not pay for dental treatment because you are receiving a qualifying benefit and the tick is put by the qualifying benefit.

    As you signed the form it is your responsibility if you have signed to say you do not pay for dental treatment and it is clearly spelt out on the form . http://www.nhsbsa.nhs.uk/Documents/DentalServices/A4_PR_V2.pdf

    I'm afraid you will have to pay the fee and fine.

    It may be worth your while filling out a hc1 form to see if you qualify for help with dental costs on the grounds of low income.
  • Londonsu
    Londonsu Posts: 1,391 Forumite
    edited 13 March 2016 at 10:58AM
    In order to claim free dental treatment if you are on tax credits you have to earn about 15k or less and either claim Child tax credits as well OR WTC with a disability OR severe disability element and you would have been sent a NHS TC certificate automatically so its correct you are not entitled to free dental treatment.


    If you signed the back of the dental form you will see that it clearly states that you need to have an NHS TC certificate to claim for tax credits
    http://www.nhsbsa.nhs.uk/DentalServices/Documents/DentalServices/PoT_Checks_Presentation_Website-_England(V2.3)v2.pdf


    So yes it was up to you ensure you have the correct exemption no matter what the receptionist said


    So you may not have much hope of appealing, but you can try.


    In the meantime as you are not exempt from prescription or dental costs on TCs alone, you should apply to join the NHS low income scheme, this is a means tested scheme and you will have to supply details of all your income, ask your GP or pharmacy for an HC1 form or call the 0300 330 1343 helpline.


    In the meantime while you are waiting for that if you need prescriptions or dental work you can get a NHS receipt form FP57 at the time you pay the charge, the form will tell you what to do to claim a refund


    Crossed posts with Brook2jack
  • dippy3103
    dippy3103 Posts: 1,963 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    Sounds as if your bill is the £200 treatment charge (which is the NHS contribution) plus £100 fine.

    You can try appealing it- nothing ventured and all that, though I think it's unlikely you quick get it overturned.
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    Londonsu wrote: »
    In order to claim free dental treatment if you are on tax credits you have to earn about 15k or less and either claim Child tax credits as well OR WTC with a severe disability element and you would have been sent a NHS TC certificate automatically so its correct you are not entitled to free dental treatment.

    Sorry but this part is incorrect, there is no requirement to receive the severe disability element, you can be entitled on WTC with the disability element.
  • Londonsu
    Londonsu Posts: 1,391 Forumite
    Sorry but this part is incorrect, there is no requirement to receive the severe disability element, you can be entitled on WTC with the disability element.


    Yes I am sorry just looked at he leaflet again I will amend my post
  • nannytone_2
    nannytone_2 Posts: 12,981 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    the receptionist at the dentisst telling you that you get free treatment is no different from a stranger on the street telling you.
    they are not benefit experts and has been mentioned ... you signed to say that what had been stated on the form was true.

    the onus is always on the recipient to ensure they are exempt from charges.

    at my dentist, they always ask ffor evidence of entitlement to free treatment and write a reference number on the form.

    just to add that white fillings are free if in a front tooth, and if its a back tooth you can request a normal filling ( which is free if entitled to free treatment)
  • TELLIT01
    TELLIT01 Posts: 17,762 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    nannytone wrote: »
    the receptionist at the dentisst telling you that you get free treatment is no different from a stranger on the street telling you.

    Hardly the same thing. If I asked a question about dental treatment at a dentists I would expect them either to the knowledge to answer the question or for them to say they don't know the answer. They should not be providing incorrect information.
    That said, it is still up to the person completing the form to ensure that the information provided is accurate. On that basis I don't believe the OP has much change of winning an appeal. I strongly suspect that the receptionist would flatly deny ever having had the conversation.
  • nannytone_2
    nannytone_2 Posts: 12,981 Forumite
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    TELLIT01 wrote: »
    Hardly the same thing. If I asked a question about dental treatment at a dentists I would expect them either to the knowledge to answer the question or for them to say they don't know the answer. They should not be providing incorrect information.
    That said, it is still up to the person completing the form to ensure that the information provided is accurate. On that basis I don't believe the OP has much change of winning an appeal. I strongly suspect that the receptionist would flatly deny ever having had the conversation.

    thats exactly why i said you shouldn't take benefit advice from a dentist receptionist. they're not trained in benefits and would only be guessing
  • brook2jack
    brook2jack Posts: 4,563 Forumite
    If op looks at the form they will have had to tick the box for which exemption they were claiming.

    No matter what the receptionist said op had signed a form with a tick on it beside an exemption the op doesn't have. It specifically says on the form that tax credits do not automatically entitle you to free treatment . It is the responsibility of those who sign to check that they are entitled to free treatment .
  • I went through this after having treatment whilst on statutary sick pay, saw no box to tick and ticked I was on benefits (which would be more than SSP)

    I got a letter stating I owed £300, nothing I can do so got payments reduced to 30 quid a month. Live and learn.

    I got a £50 fine on top of the actual bill.
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