I have little update on situation and I need assistance. I had various replies from the NHS during the appeal most of them were simply template type replies where person responding had no idea or intention to reply to my question. This process carried on for nearly a month after which I told them I need to raise this to a manager as I am fed up of receiving standard answers. I was told my appeal is been transferred to costumer relations department where a manager would review this appeal and reply back in 10 working days time. I waited but nothing happened during these 10 working days (discounting any weekends or any bank holiday). At the end of 10 working days I assumed since no replies were received this matter was over. However, on the 11th working day I received reply that my appeal is being turned down and in case I need to challenge it I need to send further evidence. Million dollar question is, Can this appeal not be struck down based on I was told I will receive reply in 10 working days but reply arrived outside 10 working days? Is there any rules/laws or case studies that can support my case based on 10 working days breach? Thanksfully

You are better off checking with solicitors and please choose a good solicitor. It's about life changing changes it causes your brother

I meant I've appealed telling them how this happened due to being unaware of rule changes and I've offered them to pay for any other prescriptions since as we were not aware. I've done that because I would rather pay than to attract more penalties which may happen due to same reason

I have since looked into the issue including the link you have provided and found the actual problem. There was a change in rules in December 2016 in terms of UC and NHS free prescriptions. Prior to the rule change to be eligible, a person needed to be in receipt of UC and should've had an income of less than £935 (my brother's income is £0). However After December 2016 the new rule changed the £935 income from being Individual earnings to Household earnings. Taking his wife's income in consideration his household income is slightly over £1000 mark therefore he due to the rule changes got affected. The biggest problem I have with all this issue is that there is so much lack of information and ambiguity about Universal Credits. Even pharmacists (even though I don't blame them for not knowing) have no idea about Universal Credit. There is not even a box behind prescriptions for Universal Credit. He was under assumption if circumstances around his UC haven't changed then he assumed related benefits such as UC haven't changed either, specially given lack of knowledge and communication where no one has sent him a letter or anything to inform about these changes in rules. Secondly he has been suffering from his own illnesses and last thing is him just keep on checking about changes in various rules. Any normal person would be under assumption that if none of circumstances around UC changed then why would be associated benefits would change? I have contacted NHSBSA appealing on same grounds and have asked them to help us pay for any other prescriptions since this one as they are likely to be affected due to same reasons and last thing is we receive an individual fine for every single prescription. Any thoughts from other people are welcome

My brother has been off sick with a disablity (both physical and Mental Health) for more than a year. He is not receiving any income from his employer as his sick pay and SSP run out long time ago. He and his wife are in receipt of Universal Credit and my brother is also in receipt of Personal Independence Payment and more importantly due to his mental health not in a state of mind to take rational decisions. Their combined earning for the period was more than £935 however my brother's income was £0. Secondly when I last checked around last year December this net earning requirements used to be individual earnings (thats been changed without me realising). However, at the pharmacy I always show his proof that he is in receipt of Universal Credit as there is no boxes for Universal Credit as yet, nor is there any detailed information about Universal credit earning limits etc and pharmacists asks me to tick the box . He has received this penalty notice from NHS asking him to pay £17.20 for prescriptions and £86 penalty. It says "Your representative (me) incorrectly claim that you (my brother) was included in an award for Income Support or Income Related Employment and Support Allowance. I just checked NHS Business Services Authority website and found following: Prescriptions collected on or after 1 December 2016 To be entitled to claim free NHS prescriptions you must be receiving Universal Credit, either as a single person or as a member of a couple, and: for the last complete assessment period* you and your partner (if you have one) had either no earnings or net earnings** of £435.00 or less. Or; for the last complete assessment period* you and your partner (if you have one) had either no earnings or net earnings** of £935.00 or less, and had a child element included in your award or had limited capability for work You would also be entitled if you are a dependent child or qualifying young person of someone who meets the above criteria in paragraph (b). My Question is: 1) Is he/is he not entitled to free prescription? Specially when it states in section (b) "OR HAD LIMITED CAPABILITY TO WORK" 2) Is he liable to be fined knowing someone (me) has ticked the box on his behalf?

I know you are not persuading him to resign but I am definitely persuading him to resign given how badly this has affected him. You are also correct there was a buildup to this as manager has his bias towards people working Flexible Working and he said many offensive things including comments about his children. I am surprised to know that meeting involving management making changes to employment conditions/contracts doesn't entitle employees to union representation something I need to check further with union solicitors. I understand your views about constructive dismissal but does his mental illness under the scope of disability? Asking if we can challenge dismissal under disablilty act?

The manager wanted to take away his flexibile working contract thus I said manager wanted my brother to work extra days. Due to this reason manager wanted to carry out a meeting. I am sure that scenario manager needed to write and formally invite my brother to meeting and allow union rep?

Private sector and he is in standard pension scheme so I think it is heading towards dismissal on basis of capability rather than retirement on medical grounds

I completely agree and have been trying to explain the same that no job is worth more than his health and life but he calls it a matter of principle as he believes that it should be the manager who caused bullying leaving not him. It all started when his manager called him while he was off sick with another reason and told him that he needs my brother to work more days than he does even though manager shouldn't be calling about work on someone's sick leave. On his return back to work same manager called him inside after his shift ended for a meeting. My brother argued that he needs formal letter to meeting and arrange a union rep but manager not only forced him to meeting about his days but also refused to wait for union representatives saying he is not waiting for any reps. Eventually he was denied a union rep and he ended up taking a colleague and further arguments followed. There were few people who witnessed him being denied a rep and manager shouting across being very forceful etc so he has that grievance in place already. To answer your questions his SSP has run out ages ago and he has been denied Income Protection something we are challenging on his behalf. I believe they are looking down dismissal route as my brother feared it and mentioned it previously already. He believes that other managers are going to cover for his manager and best way is by sacking my brother so that grievance doesn't go ahead because of grievance goes ahead the charges levelled against manager plus the witnesses means manager might end up losing job or be moved or demoted at the very least. Lawyers believe my brother has very strong case for personal injury caused due to work related stress but again as mentioned he is not in a stable mental state to go ahead so this will have to wait too. They also said die to what's been happening if he ends up losing job or resigning there is an aspect of constructive dismissal but going down this route will be very very hard. But thanks a lot for your suggestion I will ask manager if he can atleast wait for Occupational health report. Maybe come and see my brother himself during a welfare visit?

The question isn't if he wants to or doesn't want to attend meeting. Question is Is he in a state to attend meeting? Real issue is that his condition is caused by work related stress and the remedy given by doctors said contact from employers was making his condition worse. They are not allowing him the right environment to recover by constantly harassing him!! Are they likely to retire him on medical grounds in first meeting or there are likely to be more than one meeting?

There was a letter from Consultant that said "Ongoing contact with this work colleague will be counterproductive and perhaps be more appropriate if further communication occurred via Occupational Physician". Doctors note doesn't state that but doctor has asked to tell employers to write to Doctor for further information. Occupation contact has already been suggested as an alternative but management decided to carry on with meeting instead.

But our aim here is to avoid any damage. As mentioned his condition is quite fragile and hence Doctor strictly suggested to let employers know not to contact. I don't want this to be the last straw to Break camel's back.

My brother was harassed and bullied at work and is been off work for work related stress. He put in a grievance against the manager for that. Then his manager made his boss carry out the changes to his working days even though he told them clearly about childcare issues. Unfortunately this work related stress and bullying and harassment at work caused him depression and severe stress lead to him developing paralysis symptoms in one side of body for which he got signed off. The employers then persistently kept calling him in the name of welfare calls which his family told was affecting my brother as work was his stressor in his case. His work then kept insisting on home visits which again his family kept refusing as they believed it would aggravate his stress more but due to constant contacts he gave in and another manager conducted home visit. This manager was polite but straight away after visit my brother's stress levels started rising and they got so worse couple of days later that he collapsed unconscious and had to be rushed to hospital. Doctors treating him suggested that was all down to high levels of stress due to his home visit. His treating consultant at this stage gave in a letter to employers and this letter highlighted employers frequent contact was proving to be counterproductive. Then a few months after work place people and managers from different departments started contacting him again inviting him to attend grievance hearings he put in. This derived further depression and schizophrenia. His SSP ran out and due to financial stress and unprofessional attitude by ongoing contact of management he started thinking that management wants to fire him to cover other manager's job and due to all this he is at a mental stage where he is having hallucinations, zoning out moments and having self harm thoughts. Despite all this his management has now written a letter informing his wife they want to carry out a long term sickness capability meeting, where they want to explore different avenues for his return to work such as redeployment etc and warned him that outcome of this meeting can be a dismissal. Given his condition his wife approached his GP to express her fears how this letter may impact my brother's health and GP strongly suggested not to mention anything about this letter to my brother and ask employers to contact GP directly if they need any information on his health including his possible return to work. His wife then offered his employers this option to contact GP or get Occupational Health opinion to determine his fitness to attend and or if this meeting can be delayed until he is in a state to deal with it. She also informed employers including HR about GP's advice. His employers rejected all options and GP's advice and wrote again to his wife informing that they still want to go ahead with capability meeting quoting it is standard policy for long term sickness. She doesn't know what to do specially given his mental health state. AHe Isn't carrying out meeting against Doctors and Consultant's advice knowing all this breach of duty of care? Please help