Pre-pay prescription cert penalty charge. How to challenge

calcotti

born_again said:

Mrs has been a diabetic for well over 10 years & has never had an exception card. We just tick box & everything is free.

If you claiming on grounds of diabetes you are supposed to obtain a medical exemption certificate.

https://www.nhsbsa.nhs.uk/help-nhs-prescription-costs/free-nhs-prescriptions

You can only get free NHS prescriptions because of your medical condition if you have a valid medical exemption certificate. Show your certificate as proof that you’re entitled.

https://www.nhsbsa.nhs.uk/check-if-you-have-nhs-exemption/medical-exemption-certificates

Although she has diabetes perhaps she is claiming on different grounds.

peteuk

born_again said:

Mrs has been a diabetic for well over 10 years & has never had a exception card. We just tick box & everything is free.

Which is in theory fraud, however due to the nature of the prescription, most diabetics will have an exemption card, so pharmacists dont tend to ask.  They are easy to get, ask her gp for a form, complete it and hand it to the Gp.  They sign and send it and abut 14 days later you get a 5 yr exemption card.  

Bigwheels1111

peteuk said:

Mistakes happen, if your 100% sure it wasn’t you then why worry.

My OH has a pre payment card, we find it cheaper that way.  Not all pharmacists look at it, not all pharmacists allow her to tick the pre payment box.  So when she got a letter informing her of the fine, we declared it was covered by the prepayment card.  Turns out pharmacy had ticked the wrong box. Sorted within a week.

@Bigwheels1111 metformin isn’t free, however as you know the diagnosis of diabetes allows you to claim an exemption card.  At which point all medication is free, as the exemption card doesnt stipulate a medication type.  For me (also T2D) I found the information regarding exemption misleading.  But surely just by proving you had an exemption card was proof enough, the drug type, use would be irrelevant if the dates are covered by your exemption. 

You are right, I wanted to go to court and rub it in their face.

They should do there due diligence first.

Thet must have checked the records and seen their mistake.

Thats why it wnt away.

Murphybear

born_again said:

Bigwheels1111 said:

Had this issue years ago, I had a 5 year exemption card due to being diabetic.
They sent a fine, I got a copy of said prescription.
It was for metformin a diabetes medication, which is free as such. ( exemption card available to all diabetics )
I pointed out the medication type and it’s use.
I then informed them that I can’t wait to see them in court.
Looking forward to a nice day out.
A few days before the court case they wrote back apparently an error on their end and don’t worry the case has been dropped.

Mrs has been a diabetic for well over 10 years & has never had a exception card. We just tick box & everything is free.

There is no such thing as an “exemption card” for people with diabetes, you are automatically exempt.  

KxMx

That's incorrect, diabetics should apply for an exemption card which lasts 5 years each time. 

https://www.diabetes.org.uk/guide-to-diabetes/life-with-diabetes/free-prescriptions

https://www.diabetes.co.uk/diabetes-prescriptions.html#:~:text=Diabetes Prescriptions&text=Exemption certificates for prescriptions are,or from the Post Office.

calcotti

Murphybear said:

born_again said:

Bigwheels1111 said:

Had this issue years ago, I had a 5 year exemption card due to being diabetic.
They sent a fine, I got a copy of said prescription.
It was for metformin a diabetes medication, which is free as such. ( exemption card available to all diabetics )
I pointed out the medication type and it’s use.
I then informed them that I can’t wait to see them in court.
Looking forward to a nice day out.
A few days before the court case they wrote back apparently an error on their end and don’t worry the case has been dropped.

Mrs has been a diabetic for well over 10 years & has never had a exception card. We just tick box & everything is free.

There is no such thing as an “exemption card” for people with diabetes, you are automatically exempt.  

As detailed in the NHS links I provided earlier, people with certain diabetes are automatically entitled to an exemption card and if they obtain that they are entitled to free prescription. The NHSBA are busy prosecuting people who have claimed free prescriptions without first obtaining an exemption card. See for example pregnant women

https://www.theguardian.com/society/2023/feb/04/nhs-fines-mothers-for-claiming-free-prescriptions-while-pregnant

(of course this issue doesn’t arise in parts of the UK that have free prescriptions for all.)

sheramber

Before Scotland had no prescription charge I had an exemption card. 

JCS1

Murphybear said:

born_again said:

Bigwheels1111 said:

Had this issue years ago, I had a 5 year exemption card due to being diabetic.
They sent a fine, I got a copy of said prescription.
It was for metformin a diabetes medication, which is free as such. ( exemption card available to all diabetics )
I pointed out the medication type and it’s use.
I then informed them that I can’t wait to see them in court.
Looking forward to a nice day out.
A few days before the court case they wrote back apparently an error on their end and don’t worry the case has been dropped.

Mrs has been a diabetic for well over 10 years & has never had a exception card. We just tick box & everything is free.

There is no such thing as an “exemption card” for people with diabetes, you are automatically exempt.  

But you still have to fill in the form to get the exemption card

TheGardener

born_again said:

DullGreyGuy said:

sheramber said:

baser999 said:

Is it possible for someone to obtain a prescription in another’s name? Could someone have phoned the GP on the pretext of being OP? Bit far-fetched perhaps but when you look at how sophisticated scammers can be . . . .

The OP has confirmed with the GP that no prescription has been issued.

But its not just GPs that give prescriptions

But you would take it that they checked the system that will show all prescriptions that had approved by a member of staff?

In the story (the link I posted) the mistake was made by a midwife who forgot to 'tick the box' to confirm that lady was pregnant. Although this error was acknowledged, the exemption was only backdated by one month - so the penalty charge was still levied as it happened more than a month ago. In my case, if there was an error, it was over a month ago (October 2022 apparently) 

Now in my case, I'm as certain as I can be that I didn't have a prescription at all - let alone one that wasn't paid for when it should have been.  My issue is that so far, I have been unable to locate any way to challenge the decision other than to prove that I was exempt...What I need is a way to challenge the whole basis of the penalty - which was that I didn't have a prescription at all. It seems my only option is to do a Data request thing  - Its very frustrating to be charged for doing something wrong and not having any viable method (other than going to great lengths to do a data request) to protest my innocence. 

calcotti

TheGardener said:

born_again said:

DullGreyGuy said:

sheramber said:

baser999 said:

Is it possible for someone to obtain a prescription in another’s name? Could someone have phoned the GP on the pretext of being OP? Bit far-fetched perhaps but when you look at how sophisticated scammers can be . . . .

The OP has confirmed with the GP that no prescription has been issued.

But its not just GPs that give prescriptions

But you would take it that they checked the system that will show all prescriptions that had approved by a member of staff?

In the story (the link I posted) the mistake was made by a midwife ….

Now in my case, I'm as certain as I can be that I didn't have a prescription at all - let alone one that wasn't paid for when it should have been. ...What I need is a way to challenge the whole basis of the penalty - which was that I didn't have a prescription at all. ..

I realised that the story had no bearing on your case. The the discussion about whether or not exemption certificates are required resulted from your thread being derailed by someone posting saying it was sufficient to qualify for free prescriptions simply by having a specified medical condition without the need for a exemption certificate.

I completely understand your frustration and the NHS business authority have accused by MPs, amongst others, of being heavy handed in their approach. Innocent mistakes by claimants are compounded because pharmacists don’t check eligibility when dispensing (which is quite understandable given how busy they are there).