Contesting PCN for NHS Dental Charge Exemption.

Poor_Boy

Hi - I would like to contest a PCN for claiming an exemption from NHS dental charges, even though NHSBSA have said 'We cannot remove the penalty charge as by law you are liable for it.'

I had a dental check up in June and, when I went to pay at Reception, I was asked to select from a list of benefits anything that I received. At the time I had just been moved onto Universal Credit after Child Tax Credit ceased, so I clicked on Universal Credit. I was then told that there was no charge for my check-up because I received Universal Credit. I queried this because I have always paid, but I was told it was because I received UC. I said that my UC payments were much lower than what I was receiving through CTC, so maybe this was a compensatory measure. Nothing else was required of me, so I left.

I received a PCN letter in July asking me to pay the dental charges because they 'could not find any evidence' that I claimed UC. So I sent NHSBSA screenshots from my UC account, and my statements as evidence. 

I then received another PCN in August asking for the original charges plus a £100 fine because, again, they could not find evidence that I was entitled to UC.

So after a bit of digging around at the GOV.UK section on PCNs, I noticed that to be entitled to free dental care, you need to be receiving a qualifying benefit (inc. UC) AND be earning less than a certain amount. I hadn't been told that by the dentist or NHSBSA in the various letter and email communications that I received. It makes sense of course, but this had not been mentioned at all. 

I emailed NHSBSA back and said I that I could see what the qualifying criteria are, that I did not qualify at the time, and that I would be happy to pay the original charges, but not the £100 fine as, contrary to what their communications were saying, I was not trying to claim that I was exempt from fees, I simply confirmed that I received UC. I paid the original charge at GOV.UK.

NHSBSA emailed me back stating that I must pay the £100, that there is no way of removing it, that it was the law that I must be charged the PCN, that it is my responsibility to know whether or not I am exempt from NHS charges. 

My complaint is that I was only ever asked to state what benefits I received, and then to prove I received them. I have never tried to claim that I was exempt from charges and throughout the whole process I have simply provided parties with the information that they requested from me. 
Can I keep contesting this PCN? It doesn't seem fair.

tacpot12

Have you asked the Practice Manager at the Surgery to pay the fine? If the receptionists are going to give advice, they need to be properly trained to do so.

I think you should also complain to your MP. It's a trap waiting to catch millions of UC claimants (the numbers of whom are increasing at the managed migration takes place), AND it is creating work for the NHSBSA. It would be simpler if taxes were put up to allow anyone claiming UC to have free prescriptions and dental treatment. Those who are earning and would have income that would currently disqualify them from free treatment would be paying for it in higher tax. If the NHSBSA letters say that you don't qualify for free treatment because you are not receiving UC when you are receiving UC, but have income that is too high, is also worthy of a complaint to your MP as they need to say clearly why you don't qualify. Saying you are not claiming UC when you are is just bonkers. 

The NHSBSA will not let you off the fine because it is the claimant's job to tick the correct reason for not having to pay. The fact that the forms don't ask you to confirm that you income is low enough is also something to complain to your MP about. 

Spoonie_Turtle

tacpot12 said:

The NHSBSA will not let you off the fine because it is the claimant's job to tick the correct reason for not having to pay. The fact that the forms don't ask you to confirm that you income is low enough is also something to complain to your MP about. 

The form actually says "Universal Credit and meets the criteria.  Find out more at www.nhsbsa.nhs.uk/UC"
But it could certainly be made clearer what those criteria are.  Especially if it's noisy or rushed when filling it in, plus the text is quite small and easy to miss these things.

OP what exactly happened, did you fill in the yellow form yourself, or was it the receptionist?

sheramber

Spoonie_Turtle said:

tacpot12 said:

The NHSBSA will not let you off the fine because it is the claimant's job to tick the correct reason for not having to pay. The fact that the forms don't ask you to confirm that you income is low enough is also something to complain to your MP about. 

The form actually says "Universal Credit and meets the criteria.  Find out more at www.nhsbsa.nhs.uk/UC"
But it could certainly be made clearer what those criteria are.  Especially if it's noisy or rushed when filling it in, plus the text is quite small and easy to miss these things.

OP what exactly happened, did you fill in the yellow form yourself, or was it the receptionist?

o I clicked on Universal Credit

Poor_Boy

Spoonie_Turtle said:

tacpot12 said:

The NHSBSA will not let you off the fine because it is the claimant's job to tick the correct reason for not having to pay. The fact that the forms don't ask you to confirm that you income is low enough is also something to complain to your MP about. 

The form actually says "Universal Credit and meets the criteria.  Find out more at www.nhsbsa.nhs.uk/UC"
But it could certainly be made clearer what those criteria are.  Especially if it's noisy or rushed when filling it in, plus the text is quite small and easy to miss these things.

OP what exactly happened, did you fill in the yellow form yourself, or was it the receptionist?

Hi - The Receptionist handed me an iPad with the list of qualifying benefits from which I could choose. I don't remember if I just told her or if I clicked it to be honest. But the process was the same as compared to when I did pay, in that I had to sign a form on the iPad. There could have been a line in there that said 'I confirm that I am entitled to free NHD dental care', but I didn't see it. I certainly didn't read the whole form. There wasn't any further explanation or a request, or invitation, to read the whole form on the screen. I just confirmed I received UC, and that was that. And yes ever since, NHSBSA have been asking that I confirm that I received UC at the time and nothing about my income - I only found that by chance on the website. I was never given a hard copy form to read or take home first. If this is explained in detail in the form, and I had read it all, I would not have claimed.

Poor_Boy

tacpot12 said:

Have you asked the Practice Manager at the Surgery to pay the fine? If the receptionists are going to give advice, they need to be properly trained to do so.

I think you should also complain to your MP. It's a trap waiting to catch millions of UC claimants (the numbers of whom are increasing at the managed migration takes place), AND it is creating work for the NHSBSA. It would be simpler if taxes were put up to allow anyone claiming UC to have free prescriptions and dental treatment. Those who are earning and would have income that would currently disqualify them from free treatment would be paying for it in higher tax. If the NHSBSA letters say that you don't qualify for free treatment because you are not receiving UC when you are receiving UC, but have income that is too high, is also worthy of a complaint to your MP as they need to say clearly why you don't qualify. Saying you are not claiming UC when you are is just bonkers. 

The NHSBSA will not let you off the fine because it is the claimant's job to tick the correct reason for not having to pay. The fact that the forms don't ask you to confirm that you income is low enough is also something to complain to your MP about. 

I may consider contacting them. I can't remember in detail what was shown to me and I don't want it to become a he said/she said thing as I am happy with the service that I get there (other than this episode, of course). But it is an option and I'm always very civil about these kinds of things. Yes, a note to my MP would be worthwhile. 

I take your point on them not letting me off the fine. I gathered that they were pretty inflexible about these things. I will contact NHSBSA and ask if there is a route whereby I take this up with my dentist, and then take it from there.

Thanks for your comments. 

M25

Can't blame dentist staff and it'll not help either. The dental staff in my local dentist are rushed off their feet too. They're not benefit experts it's up to you to get the facts.

It's always your responsibilty to check the rules you did tick the box after all nobody else did.

sammyjammy

You aren't going to get anywhere with the dentist/receptionist so don't waste your time.  You signed it, you are responsible, its very easy to look it up on the internet before your visit if you aren't sure you are entitled.  Maybe read things you sign before you sign them in future, I know we all do it but this is a consequence.