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Dental penalty charge


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I recently received a letter from the NHS informing me I have to pay a penalty charge of £94 on top of £18.80 for my check-up.

in 1980 I was diagnosed with Epilepsy and informed by my GP and my Dentist that due to my medication(Phenytoin) I would not have to pay for dental treatment. I have never been told by anyone that this is no longer the case.

If I now have to pay then that's fine but I have not received any correspondence from the NHS informing me of changes to the rules and I object to a penalty charge for that amount for something I think is not my fault

I've been with this Dentist for over a decade and always fill the form in before the course of treatment and they've not contacted me before.

I do have a NHS Medical Exemption Certificate and I'm in receipt of Tax Credits.

Does anyone know if and when the rules changed?

 

 

Many thanks in advance.

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You have a NHS medical exemption certificate which just exempts you from prescription charges. Did you also receive a card (I don't know anything about these I'm afraid) from tax credits? That would exempt you on the basis of income.

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http://www.nhs.uk/chq/Pages/1786.aspx?CategoryID=74

 

 

This is the link to NHS dental charges and exemptions This is what is said about Tax Credit Exemptions

do you have or have you applied for one of these

 

 

you’re named on, or entitled to, a valid NHS tax credit exemption certificate

 

The rules have changed since the 80s and its not really the NHS job to inform you, the onus is on you to ensure you have the correct exemption before you sign the form.

 

 

 

 

Just as an aside is your medical exemption certificate up to date as since 2003 they expire every 5 years ( even if your medical condition is a life long one and not subject to change ) if not you may incur a penalty charge if you sign the back of the prescription saying you have a valid exemption card - You will need to ask your doctor to complete and submit a new FP92A application form if its out of date.

 

 

Like prescriptions the NHS is tightening up the procedures for ensuring everyone who claims free dental treatment has the correct exemption documentation. The Dentist and pharmacists do not see it as their job to 'police' payments which is why the NHS use a separate department to investigate the validity of exemption claims and you do agree to this when you sign the dentists forms and the back of prescriptions.

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I would argue that it is the responsibility of the NHS to notify people of rule changes. I would not have signed anything knowing I was not entitled to free treatment.

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I would argue that it is the responsibility of the NHS to notify people of rule changes. I would not have signed anything knowing I was not entitled to free treatment.

 

 

Nobody wants to know = been thru that area with the idiots = complacency by them

:mad2::-x:jaw::sad:
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Unfortunately the NHSBSA don’t agree that it’s their responsibility. On the signature page of each of the forms that we sign to indicate our eligibility for free treatment there’s often a passage to the effect of:

False information may lead to civil or criminal action. We expect the person signing this

form to take reasonable care to make sure the information given is correct. Anyone found

to have wrongly claimed help with NHS health costs will have to pay a penalty charge or

may face prosecution.

If a change in the rules surrounding eligibility have occurred and, in truth I can’t think of much that hasn’t changed since the 80’s, then it’s the responsibility of the person signing it to check. I understand how frustrating it must be, absolutely, but if this were a consumer issue for example, we’d direct people to the terms and conditions of the merchant once we’d satisfied ourselves that the legislative requirements had been met. Unfortunately all Madam Fluff is done is direct you to the very same.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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How lawful is the penalty charge and its amount?

 

 

It would seem so

 

National Health Service (Penalty Charge) Regulations 1999

 

2.3 The NHS Penalty Charge Regulations 1999 came into force on 1 November

 

1999, and are referred to in this document as “The Regulations”.

2.4 Penalties can only be imposed in respect of unpaid health costs arising on or

 

 

after the date the regulations came into force.

 

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Only in England? Not necessarily, there are slight differences in implementation across the borders but one of the few constants in all areas is the NHSBSA. My NHS experience in Scotland, Wales and England has consistently shown them to be at work.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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  • 1 year later...

If I may hijack this thread to ask a similar question - 3 months ago my Dentist receptionist accidentally printed off and gave me a list of the £35 charges I used to get hit with about 7 years ago (when I was in a job where leaving to attend appointments was not as easy as it should have been. I'm not there anymore, thankfully) for missing or , more often, being late for appointments. I was surprised to see that over a 2 year period they had charged me over 8 of them. Obviously I paid but I was always curious as to how legally enforceable they were?

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Is this £50 fine lawful or is it worth challenging?

 

 

 

You have already asked and I answered on post 9

 

 

and if you are still not convinced

 

 

http://www.nhsbsa.nhs.uk/DentalServices/Documents/PrescriptionServices/penalty_guidance.pdf

 

 

but you can appeal

http://www.nhsbsa.nhs.uk/DentalServices/Documents/DentalServices/Appeals_Process_Patient_View-Final-02032015.pdf

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I've accepted the first "fine" even tho' I have had it confirmed to me I WAS given incorrect info by my dentist, I'm asking about if a late fee of £50 is OTT as a penalty charge for forgetting to pay £11. I've never deliberately tried to rip off the NHS and was told repeatedly over many years I didn't have to pay 'cos of the medication I have to take. When this changed I should have been notified! I am not Mystic Meg.

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If I may hijack this thread to ask a similar question - 3 months ago my Dentist receptionist accidentally printed off and gave me a list of the £35 charges I used to get hit with about 7 years ago (when I was in a job where leaving to attend appointments was not as easy as it should have been. I'm not there anymore, thankfully) for missing or , more often, being late for appointments. I was surprised to see that over a 2 year period they had charged me over 8 of them. Obviously I paid but I was always curious as to how legally enforceable they were?

 

Could anyone help with my query, please?

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