Penalty Charge for mistake on Dental claim form

Hello, I'm currently on ESA. I recently went to the dentist and thought I was eligible for subsidised treatment. I wasn't sure which ESA I was on and mistakenly put 'income based' on the form whereas I'm actually on 'contribution based ESA', which doesn't entitle me to NHS treatment.

Anyway, in addition to the dental costs which I told them I would pay, the NHS Business Services Authority have given me a penalty charge of £100, which I'm not allowed to contest legally. If I don't pay it, it'll be left to a debt collection agency to chase me for the money.

According to the NHS Business Services Authority, because I signed the declaration at the dentist, I'm not entitled to contest.

On the letter it states this is a 'civil penalty' and that ignorance on the issue is not a defence.

I'm guessing this is some sort of Tory/New Labour policy to extort money from those in the lowest level in society.

I'm trying to understand what legal authority they have to impose this penalty on me? Somebody in the NHS Business Services Authority has decided this is a useful way of collecting money off people.

Anyway, do I have any recourse here?
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Basically, you lied and got free treatment. If there was nothing to 'put people off' then e veryone would give it a go.

    It's not extortion. It is a fine for lying. You are responsible for knowing what benefit you are claiming.
  • parkrunner
    parkrunner Posts: 2,610
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    woeestme wrote: »
    I'm guessing this is some sort of Tory/New Labour policy to extort money from those in the lowest level in society.

    Errr no, it's to stop people trying to obtain free services by fraud.
    It's nothing , not nothink.
  • Londonsu
    Londonsu Posts: 1,391 Forumite
    woeestme wrote: »
    Hello, I'm currently on ESA. I recently went to the dentist and thought I was eligible for subsidised treatment. I wasn't sure which ESA I was on and mistakenly put 'income based' on the form whereas I'm actually on 'contribution based ESA', which doesn't entitle me to NHS treatment.

    Anyway, in addition to the dental costs which I told them I would pay, the NHS Business Services Authority have given me a penalty charge of £100, which I'm not allowed to contest legally. If I don't pay it, it'll be left to a debt collection agency to chase me for the money.

    According to the NHS Business Services Authority, because I signed the declaration at the dentist, I'm not entitled to contest.

    On the letter it states this is a 'civil penalty' and that ignorance on the issue is not a defence.

    I'm guessing this is some sort of Tory/New Labour policy to extort money from those in the lowest level in society.

    I'm trying to understand what legal authority they have to impose this penalty on me? Somebody in the NHS Business Services Authority has decided this is a useful way of collecting money off people.

    Anyway, do I have any recourse here?


    That would be the National Health Service (Penalty Charge) Regulations 1999 and yes you have to pay



  • Pennywise
    Pennywise Posts: 13,468
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    Londonsu wrote: »
    That would be the National Health Service (Penalty Charge) Regulations 1999 and yes you have to pay




    Note the year, 1999 - so nothing to do with the evil Tories!
  • tomtom256
    tomtom256 Posts: 2,208
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    Ignorance is also not a lawful defence for many other fraud and non-fraud offences.

    Did you really not understand what you were signing to say or did you just not read the lawful declaration?
  • dippy3103
    dippy3103 Posts: 1,959
    First Anniversary Combo Breaker First Post I've been Money Tipped!
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    No.. did you not read the declaration before you signed it?
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    Think of it this way. Next time you have to complete a similar form, the minute it takes you to work out the correct answer, will "earn" you £100 ; that's £6k / hour. I don't think anyone posting on this forum earns that much.
  • Londonsu
    Londonsu Posts: 1,391 Forumite
    Just to be clear op this is what you signed
    https://www.nhsbsa.nhs.uk/sites/default/files/2017-04/20160209_PR_Proof_SAMPLE.pdf


    It is very very clear that its your responsibility to ensure you have the correct exemption and that you will be fined if claiming 'incorrectly'
  • dippy3103
    dippy3103 Posts: 1,959
    First Anniversary Combo Breaker First Post I've been Money Tipped!
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    It does feel tough if it's a genuine mistake.. my speed crept over 30 a few years ago and sadly a mobile camera was there to record the event - I was doing 36. Fact is I should have taken more care and had to suck it up as at the end of the day I committed the offence. Your situation is similar..
  • woeestme
    woeestme Posts: 72
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    Wow, gatekeepers for the system out in force here.

    I could give a long answer explaining the illegality of the "banking and legal system" based on natural and common law but the post would just get deleted.

    Liverpool University did a study the last time the Govt squeezed the poor on ESA: one person in a coma was found fit to work, and 150 people committed suicide directly as a result of the Govt actions. The question is can the Govt be sued for malpractice given the results of the study?:rotfl:

    Doubtless you gatekeepers will come out in force again claiming everyone on ESA is lazy etc.

    Oh yes, I forgot, I'm now a customer and no longer a citizen in Corporation Britain.
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