Nhs prepayment penalty

Jane2017

Hi,
I'm hoping someone can help-perhaps you've had the same problem? I have a disability (incurable disease) and require ongoing medication. I work and receive no benefits, so pay direct debit for a pre-payment certificate (for 5 years). I collect medication from the same pharmacy and tick the box saying I use a pre-payment certificate. I have been given a penalty charge (£43) for my recent prescription and now owe them over £73.10 + ( including £21.50 surcharge added because I am in dispute and haven't paid- whilst I'm investigating with the bank). They cancelled the direct debit themselves and did not tell me. I am trying to appeal this but they just say I wasn't exempt from payment at the time. They've stated that I declared I was entitled to free prescriptions- I didn't do this. Can anyone hep with this? They still have my direct debit details and could simply reinstate the monthly charge? Should I be paying a penalty that accuses me of making a fraudulent claim?

Geoff1963

They've stated that I declared I was entitled to free prescriptions-

They should be able to produce a document to that effect, with your signature on it.

Jane2017

The document they refer to will be the prescription paper itself. Should I challenge them on this particular point in my ongoing appeal/complaint?

Geoff1963

Should I challenge them on this particular point in my ongoing appeal/complaint?

Yes, ask for a photocopy of it. Maybe you ticked the wrong box.

Toothsmith

It strikes me you have 2 disputes here.

If you did your normal thing, then you did declare you had a certificate, by ticking the box and signing the prescription. That is what the NHS are penalising you for.

As I'm reading it, the bank seems to have cancelled your DD. This is the second dispute you have.

With the first, you are banged to rights, you signed the form as having a certificate when you did not. I would pay this before action & charges increase. Also, make sure the DD is reestablished.

As for the bank, I would then aim to show them what their mistake has cost you, and claim that penalty charge back off them. That should be quite straightforward if they cannot show that it was you who stopped the DD.

glentoran99

Toothsmith wrote: »

It strikes me you have 2 disputes here.

If you did your normal thing, then you did declare you had a certificate, by ticking the box and signing the prescription. That is what the NHS are penalising you for.

As I'm reading it, the bank seems to have cancelled your DD. This is the second dispute you have.

With the first, you are banged to rights, you signed the form as having a certificate when you did not. I would pay this before action & charges increase. Also, make sure the DD is reestablished.

As for the bank, I would then aim to show them what their mistake has cost you, and claim that penalty charge back off them. That should be quite straightforward if they cannot show that it was you who stopped the DD.

I don't think the OP says the bank cancelled the DD

Toothsmith

Who is the 'they' then? NHS? - I suppose that's possible, but seems unlikely?

I think we need a bit more clarity of problem.

Is the box that say's you have a certificate different from the box that says you're exempt from prescription charges? (I don't know) Or is it the same box with multiple reasons listed? I'm presuming also that the OP ticked (or thought she'd ticked) to say she had a valid prepayment certificate - and is upset by NHS saying she ticked 'exempt'.

Either way - she didn't have a valid certificate, and the reason why is where the dispute should be centred

pmduk

I'm not aware of a 5 year prepayment certificate the maximum is 12 months, but there is a 5-year medical exemption certificate. though this is free.


Could you be wrong in assuming the certificate is for 5 years and this is the reason the DDs stopped? I'm assuming it was the NHS stopped the DDs rather than your bank.


Using the certificate after the 12 month period would lead to the penalty charge you have received.

The 50% penalty for not paying a penalty within the stated period is a mandatory requirement laid down within the regulations.

Jane2017

Thank you for all your replies.
To clarify:
The pre-payment certificate automatically renews annually- they state this on their website. I will never be cured and do not have to do anything to renew and never have for 5 years. You pay for the certificate yourself (over £100), otherwise medication per item would cost hundreds- it is not an exemption - anyone can buy it.

The direct debits carry on being paid monthly. The NHS have stated they cancelled the direct debit, 'a letter was sent to you informing you of a direct debit update in our system'. I didn't receive a letter from them- otherwise I would have responded.

Thanks

Jane2017

Additionally, I ticked the box on the prescription as I always do stating I had a pre-payment certificate because I thought I had ( as I have had for years). I try not to think about the amount of medication I have to take but just get on with it... and WORK!

pmduk

So, when you hadn't received a new prepayment certificate and stopped paying for one you didn't query it?

I suspect you've missed your chance at getting out of this.
Had you responded to the original penalty, (if in fact you didn't), stating that you were unaware that the ongoing arrangements had been cancelled at their end, you might have been shown some leniency.


At this late stage they may well take the line that the certificate shows a definite end date which you have now missed.

Jane2017 wrote: »

Should I be paying a penalty that accuses me of making a fraudulent claim?

It's not so much fraudulent as inaccurate in that you weren't covered by a prepayment cerificate at the time of the claim.