Sorry, another NHS penalty charge thread.

cannyshopper_2

Posting for a friend.

He has had a penalty notice for non-payment of dental charges of £19.70 for a checkup in August this year.

Last time he visited this dentist was 12 months ago, when he was in receipt of pension credit and so didn't have to pay.

He is now aged 65 & in receipt of his state pension and a small private pension which takes him over the threshold for pension credit. He does get a small amount of Council Tax benefit. (Housing benefit not applicable as he is a home owner)

At no time before, during or since this dental visit was he asked if his circumstances have changed. (Presumably they assumed he was still getting pension credit) Because payment was not mentioned, it never occurred to him that he might not be eligible for free treatment. So the penalty notice came as a shock. He immediately paid the £19.70 charge but doesn't see why he should pay the penalty charge (nearly £100) because this situation arose due to the dentist's receptionist not doing their job properly.

The NHS have told him they may consider waiving the penalty charge if he can get a statement from the dentist admitting liability. Somehow I don't think this is likely to happen!

Has anyone successfully challenged the penalty charge?

Guest101

What do you mean they didn't do their job properly?


Presumably they gave him the patient card to sign? Its his job to ensure he claims only what he is entitled to.


Trying to pass this on to the receptionist is completely out of order.

cannyshopper_2

He says he wasn't given anything to sign.

Bogalot

cannyshopper wrote: »

He says he wasn't given anything to sign.

I'd suggest your friend is not being entirely honest with you, or has a very poor memory.

Did he not tell them he had had a change in circumstances? It is his responsibility to do so.

cannyshopper_2

It didn't occur to him to mention his change of circumstances because they never mentioned payment.

I have asked him to go back there and ask them to show him any forms he signed.

Why do people assume
(a) he is trying to get round the system
(b) dentists' receptionists never make mistakes?

cannyshopper_2

To change subject slightly, I notice there is a scheme for people with low incomes to get free dental treatment. Does anyone know what sort of income is classed as "low"?

Bogalot

cannyshopper wrote: »

It didn't occur to him to mention his change of circumstances because they never mentioned payment.

I have asked him to go back there and ask them to show him any forms he signed.

Why do people assume
(a) he is trying to get round the system
(b) dentists' receptionists never make mistakes?

It's not up to the dental staff to ask, responsibility for payment remains with the patient.

It's the equivalent to a change of address or phone number, you shouldn't need to be asked to update your own records.

The low income scheme takes into account several factors, there is no set amount. He should apply for future treatment, but it will not be backdated.

teddysmum

If you use Google to see a copy of FP17, the form you fill in for NHS treatment, it clearly says that the client and not the dental staff are responsible for correct information being applied.

Guest101

cannyshopper wrote: »

He says he wasn't given anything to sign.

I'd suggest he's lying as that is the form sent to NHS (is it SBS these days that deals with it? either way to the checking authority)


In other words he could not have received a penalty notice without this declaration being signed.

bengal-stripe

cannyshopper wrote: »

Why do people assume
(a) he is trying to get round the system
(b) dentists' receptionists never make mistakes?

Even if the receptionist would have ticked the box indicating the qualifying benefit (my dentist doesn't do that, I'll have to tick), your friend would have signed:

I confirm that the information I have given above is correct and complete and that I an entitled to free or reduced cost NHS dental services as above. I understand that I will have to pay a penalty charge of up to £100 if it is not correct and I am not entitled.

Your friend will have signed, so the buck stops with him.

Runa

Issue a Subject Access Request for the form in question. You may have to pay for this, but if you win your appeal then you can claim back the SAR fee as compensation for their maladministration. If the form is signed and matches his signature, then you have to pay the fine. If it's not signed or the signature doesn't match his, then challenge it. Despite what some people may think, official mistakes do often happen and challenging it is the only way forward. Of course, if he really did sign it then there's no point appealing.