Hi all.

A friend of mine was on a low wage until four months ago when he started work at the same place as me and is now on more money. His wife is in very poor health and has been for a long time. They used to get free prescriptions for her medication but, due to her dyslexia, she had frequently filled in the wrong parts of the forms and he has now been hit with five £100 fines in a short period of time.

Please can I ask if anyone knows of a way to appeal these?

Hi

My initial gut reaction is that your friend should have noticed rather than his wife. Filling in the form is fairly specific and as your friend was working for more money, he should have realised that his wife shouldn't tick the wrong box.

He or she can appeal and explain why they think the charge shouldn't stand but I would expect a rejection but if that happens, ask for time to pay

Thank you for that.

Having spoke to the guy, the issue appears to be that their son quit college during term and his wife wasn't aware of the fact that this made a difference.

Does this make a difference?

Can anyone help here, please?

This is going to depend on who the prescriptions were for and what exemption she was claiming under

If she was claiming under CTC/TCs then the son leaving college would possibly negate tax credit entitlement but I am not sure about this maybe someone who understands them can comment.

If she was claiming just for her son and used her sons age exemption then yes the child needs to be aged 16-18 and in full time education so I don't think there is any chance of appeal

However if the prescriptions were for herself only then there may be a chance of appeal, in the opening post you mention she USED to get free prescriptions due to a medical condition if so did she have a medical exemption card https://www.nhsbsa.nhs.uk/exemption-certificates/medical-exemption-certificates the link shows what medical conditions are covered.

If she has one of these is it still in date?? they have to be renewed every 5 years, if hers is still in date and covers the period when she claimed the NHSBSA MAY consider an appeal, they don't have to do this as they do not look at any other exemption reasons a person may have only the exemption they claimed under at the time but if she still has a valid medex card its worth a shot.

Thank you for the help.

'If she was claiming under CTC/TCs then the son leaving college would possibly negate tax credit entitlement but I am not sure about this maybe someone who understands them can comment.'

Yes, she was claiming under CTC but then kept ticking the same box after he'd left college.

OK that makes sense because it looks like with tax credits if a person is still entitled they are sent a new certificate and if they haven't had a new one then they are not entitled https://www.nhsbsa.nhs.uk/exemption-certificates/nhs-tax-credit-exemption-certficates.

However in your opening post you state that she has been ticking the wrong part of the form because she has dyslexia, if that's the case then in order to appeal there must be another exemption that she should have claimed instead IE ticking box M for tax credits when she should have ticked box E for medical exemption or L for low income scheme.

If she just ticked box M for tax credit exemption when she was no longer entitled and there was no other exemption she could have claimed for then I am sorry to say that I don't think her dyslexia would be the basis of a successful appeal.

Edit looking at this she may be able to appeal using this clause 'can show that you did not act wrongfully, with any lack of care' in other words they MAY see it as a genuine mistake because of her dyslexia

https://www.nhsbsa.nhs.uk/penalty-charges/prescription-exemption-checking-service

Apologies for the confusion - I'm doing this for a friend and the communications between for a bit confusing.

Apparently she never did receive the new certificate so that's why she kept ticking the same box.

Please can I ask if you think this is basis for an appeal?

Apologies for the confusion - I'm doing this for a friend and the communications between for a bit confusing.

 

Apparently she never did receive the new certificate so that's why she kept ticking the same box.

 

Please can I ask if you think this is basis for an appeal?

If she didn't receive a new certificate I say SHE but that's not the case tax credits/child tax credits are based on household income so her husband has just as much responsibility to ensure proper exemption as she had, then its clear from the rules that without a certificate there is usually no exemption as you don't apply for one its automatic if a claimant is still entitled to the benefit.

This is what the site I linked you to says

Certificates are valid for up to seven months. If you’re still entitled, you will be sent a new certificate before your current one expires. If your current certificate has already expired and you have not received a new one, this is normally because your circumstances have changed and you no longer meet the qualifying conditions.

It’s your own responsibility to check the expiry date, and if you claim help with your health costs after your certificate expires, you could have to pay a penalty charge of up to £100.

So the rules are clear, however if the husband left her to deal with everything even though she is dyslexic then there MAY be a chance that she can appeal using the clause I already indicated

'can show that you did not act wrongfully, with any lack of care'

That link not only shows what the penalties are but also shows what if anything your friend and his family can claim if they are no longer exempt for tax credit reasons I would suggest he reads it

Thank you so much for your help - you've been excellent!!

Hi sorry I have just back on line I have replied to your pm - hope I have been helpful

was it a genuine mistake?

Hi there.

My friend has now passed me a Doctor's certificate verifying that his wife has 'illiteracy' so, in all honesty, I would say it's a yes.

However, I'm not sure exactly how to phrase this appeal....

You mean because they reject them all, or that illiteracy is no defence?

Bumpy bump?

Bumpy bump?

Sorry I am not sure why you are bumping this, if its a genuine mistake then that's what you or your friend tell them and show the evidence from the GP, no-one here can say what the outcome of the appeal will be only the NHSBSA can make that decision, so your friend needs to appeal as soon as possible I linked you to the page where the details of how to contact them are and that's what you need to do

Hello, I was bumping to try and get a reply to my post of 'You mean because they reject them all, or that illiteracy is no defence?'