NHS - ESA, Unpaid Dental Fee and Penalty Charge

cd1992

I was wondering if anyone could offer any thoughts or advice on this issue.

My father has been on ESA (Contributions based) as he has been off work suffering with cancer for the past year, during which time he went to the dentist to have some work performed. He wasn't sure if ESA entitled him to free Dental so asked the receptionist who said yes and just fill in this form.

While having the dental work the dentist recommended a plate which he again said wouldn't cost anything as he was on ESA, so it was agreed to have this work done.

He has just had a notice from the NHS saying that he wasn't entitled to free NHS dental cover and that he was liable for a charge of £344.30 (£244.30 for the work and £100 Penalty Charge).

I have a couple of issues with this and was wondering if anyone could shed any light on if they are valid or if he will just have to bite the bullet and pay the fee.

1. If he would have known it would cost £244.30 he wouldn't have opted to have it.
2. The dentist\receptionist advised that he was covered for free dental (no questions about type of ESA he was getting etc).

What would be his best course of action?

Ames

He might be able to appeal the fine - it's worth asking at least. Unfortunately it's up to the individual to read what they're signing and the form clearly states income based ESA.

He's not alone - there are frequently threads on here about it. Dental receptionists seem particularly bad for it.

IAmWales

The form asks if you are in receipt of:

Income related Employment and Support Allowance (Contribution related does not count)

Did your father not read what he was signing?

At best, if he can prove the receptionist said he was exempt, he may get the penalty waived. He will still be liable for the treatment charge though.

METAL_MICKEY

The person signing the PR form is wholly responsible for the benefit declaration they are making and NOT the surgery. To have a penalty removed you would need to prove that you did not act wrongfully or with a lack of care in making the declaration. Failing to read the form or not understanding your benefits are not a defence. Arguing an innocent error is also irrelevant. There does not need to be any fraudulent intent for a penalty to be applied.

TELLIT01

METAL_MICKEY wrote: »

The person signing the PR form is wholly responsible for the benefit declaration they are making and NOT the surgery. To have a penalty removed you would need to prove that you did not act wrongfully or with a lack of care in making the declaration. Failing to read the form or not understanding your benefits are not a defence. Arguing an innocent error is also irrelevant. There does not need to be any fraudulent intent for a penalty to be applied.

That may all be true, but there is an underlying pattern to these stories which is, being given wrong information by surgery receptionists.
At the very least notices need to be sent to all surgeries by the NHS to say that staff must not advise people on their entitlement.

Sncjw

Sorry but when I went to dentist couple weeks ago they asked me to sign form to say I pay. I actually read the form it does tell you income based only is when you get free dental treatment. Tells you on the form simple as.

brook2jack

As said by the form states very clearly down by where you have to tick and sign what exemption you are claiming and what doesn’t count. It is the person claiming the exemption who has responsibility for what they sign.

https://goo.gl/images/BXpjhQ

dippy3103

TELLIT01 wrote: »

That may all be true, but there is an underlying pattern to these stories which is, being given wrong information by surgery receptionists.
At the very least notices need to be sent to all surgeries by the NHS to say that staff must not advise people on their entitlement.

I agree that maybe a campaign of educating receptionists would be a good thing as there is a bit of a common theme on these threads.

However, the forms are clear and people do need to be more careful what they sign.

TELLIT01

dippy3103 wrote: »

However, the forms are clear and people do need to be more careful what they sign.

Agreed, but before I started working for DWP I had never heard of Contribution based or Income Related as I had never claimed benefit. I suspect many people who have claimed for the first time are in a similar situation, and probably no clearer on what they are receiving once they've read the poorly worded documents from DWP.

brook2jack

Most Dental receptionists are specifically given instructions not to give advice on charges, the exemptions change names often and the NHS provides posters and leaflets with relevant information.All dental surgeries have to have a poster up detailing Dental charges and exemptions but ultimately it is the responsibility of the person signing the form.

The forms have been designed to point out the most obvious mistakes people make.

Darksparkle

They won’t accept a challenge based on misadvice from dental practice. It’s the claimants responsibility to check their entitlement.

https://www.nhsbsa.nhs.uk/challenge-penalty-charge-notice