NHS Prescription Penalty Charge Time Period

harshitguptaiitr

Is there a time period within which NHS should send out PCN letters?

For example, it is understood that for speeding fines, the registered address of the vehicle should get a letter within 14 calendar days. Is there any similar time period for NHS to send out Prescription Penalty Charge Notice?

Also does NHS have to provide with sufficient evidence to support the PCN , or does the person have to prove their own innocence rather than NHS proving guilt ?

45002

harshitguptaiitr wrote: »

Is there a time period within which NHS should send out PCN letters?

For example, it is understood that for speeding fines, the registered address of the vehicle should get a letter within 14 calendar days. Is there any similar time period for NHS to send out Prescription Penalty Charge Notice?

Also does NHS have to provide with sufficient evidence to support the PCN , or does the person have to prove their own innocence rather than NHS proving guilt ?

Are you worried that you may have done something that is wrong ?




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jainraghav74

Based on below, I would guess three months + 14 calendar days.

The date the exemption declaration was signed was more than three months earlier (before NHSBSA records are checked). The NHSBSA Help with Health Costs data retention policy will be borne in mind. Data relating to exemption certificates is destroyed three months after the expiry date of the relevant certificate. In case where declaration is signed more than three months before the check is made there is no opportunity to confirm whether or not a patient may have had a valid certificate at the time they signed the declaration.

harshitguptaiitr

Are you worried that you may have done something that is wrong ?

Someone I know have been accused via NHS PCN of taking a free prescription somewhere in the last 2-6 months period. Given the duration of this period (5 months) and the time lapse since then, it is difficult to prove innocence.

Shouldn't NHS provide more details such as what medication was collected and when, as this will help in refreshing the memory ?
Shouldn't NHS provide a copy of signature to prove collection ?
Shouldn't NHS send such letters a bit more quickly ?

calcotti

I can’t see any time limit on issuing the penalty notice in the legislation http://www.legislation.gov.uk/uksi/1999/2794/contents/made

The penalty notice is issued if they can’t confirm your entitlement. If you are able to demonstrate you were entitled you can challenge the notice.
https://www.nhsbsa.nhs.uk/penalty-charges-explained
https://www.nhsbsa.nhs.uk/pay-or-challenge-penalty-charge-notice

You are correct that delays in issuing notices make it difficult to recall details. In most cases someone will know if they were receiving relevant benefits though.

Are you suggesting someone else may have fraudulently claimed a prescription posing as the person you know?

harshitguptaiitr

Are you suggesting someone else may have fraudulently claimed a prescription posing as the person you know?

No.

What seems to have happen is: GP sent prescription directly to pharmacy and pharmacy applied exemption that they were applying previously even though it was expired. Pharmacy processed or dispensed the medicine but the patient never collected this.

45002

harshitguptaiitr wrote:

Someone I know have been accused via NHS PCN of taking a free prescription somewhere in the last 2-6 months period. Given the duration of this period (5 months) and the time lapse since then, it is difficult to prove innocence.

Shouldn't NHS provide more details such as what medication was collected and when, as this will help in refreshing the memory ?
Shouldn't NHS provide a copy of signature to prove collection ?
Shouldn't NHS send such letters a bit more quickly ?

harshitguptaiitr wrote:

No.

What seems to have happen is: GP sent prescription directly to pharmacy and pharmacy applied exemption that they were applying previously even though it was expired. Pharmacy processed or dispensed the medicine but the patient never collected this.

Hope you get your problem sorted out ...

[Deleted User]

The prescription service have to check literally millions of scripts so you might understand that they take some time, it is up to you (or whoever) to provide proof, and blaming the chemist is no excuse.

45002

harshitguptaiitr wrote:

Is there a timeline within which NHS should send out these PCN letters?

Do they have to include when the prescription was collected ?

In one letter they have said that we took prescription somewhere during a 5 month period, where end of that period was over 2 months ago...!

If my GP surgery sends the prescription automatically to a pharmacy place and they automatically apply a previous maternity exemption but we don't collect the prescription - does that liable us to fine? And how can we prove this if the time is so much in the past?

From

https://forums.moneysavingexpert.com/discussion/comment/76736546#Comment_76736546




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Spoonie_Turtle

venison wrote: »

The prescription service have to check literally millions of scripts so you might understand that they take some time, it is up to you (or whoever) to provide proof, and blaming the chemist is no excuse.

It seems they weren't there so didn't claim the exemption themselves:

harshitguptaiitr wrote: »

No.

What seems to have happen is: GP sent prescription directly to pharmacy and pharmacy applied exemption that they were applying previously even though it was expired. Pharmacy processed or dispensed the medicine but the patient never collected this.

[Very unfortunate to waste medication and cost the NHS (or pharmacy) the charge though, either way.]

TheLeeds

harshitguptaiitr wrote: »

No.

What seems to have happen is: GP sent prescription directly to pharmacy and pharmacy applied exemption that they were applying previously even though it was expired. Pharmacy processed or dispensed the medicine but the patient never collected this.

Section 193 (8) (b) of The National Health Service Act 2006 says -

"But a person is not liable by virtue of a penalty notice - to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.

From which it would seem that the patient is not liable to pay, due to the fact that he did not personally instigate the issuing of this precription, and can hardly be held responsible for the mistaken actions of a third party.
As a new user, I'm not allowed to post links, but just google National Health Service Act 2006, hit the 'legislation . gov. uk link, then scroll down to section 193 if you need the exact wording.

A colleague of mine successfully challenged an NHS pcn based on the above and the NHSBSA waived the penalty charge. I belive there is also a similar defence contained in the National Health Service (Penalty Charge) Regulations 1999.

Prior to this, I'd never come across these health service penalty charges, so I did a bit of research, on here and elsewhere, and managed to download a pdf of the NHS Penalty Charges Guidance, however it doesn't seem to be available now, or at least I've not been able to find it again. I've got it on the computer if anyone wants to see a copy. I also found a reference to a Freedom of Information request which someone made in 2016, where they asked how many people had been pursued through the county court for the recovery of unpaid penalty charges. I can't prove this now, because I didn't keep the details, but I'm sure the reply was none at all, as at 2016.