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Thread: penalty charge notice NHS prescriptions

  1. #11
    Senior Member Kodiak's Avatar
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    This is terrible and it should have ben sorted out long ago. All I can say thank Goodness I live in Scotland as I get 17 Prescriptions every 28 Days and if you live in Scotland everyone gets FREE Prescriptions.
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  2. #12
    Senior Member nukecad's Avatar
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    Quote Originally Posted by druid View Post
    i have just phoned NHS buisiness services on the number they gave on the letter about the fine.

    they have "squashed" my fine ......
    I'm reading on rightsnet that they will always cancel the penalty if you call them and say that you are/were on UC.
    druids post seems to back it up.

    https://www.rightsnet.org.uk/forums/...939/P15/#62040
    Just to say, I’ve found without exception so far that the NHS BSA will wipe PCNs over the phone if you ring up and confirm that they’re receiving UC with no earnings (or whatever the exact threshold is - 430 or so). No evidence required to be sent so far. Not sure if I’ve been lucky or…
    Also reported on rightsnet is that they do not follow up these penalty charges with court action if you don't pay.
    No one has been taken to court for not paying the penalty in the past year.
    This confirmed by an answer to an FoI request.

    https://www.rightsnet.org.uk/forums/...939/P30/#62094
    Information released by NHS BSA under FOIA suggests that - as of 2 days ago - nobody has ever been taken to court for non-payment of a penalty charge.

    https://apps.nhsbsa.nhs.uk/FOI/foiRe....do?bo_id=7864
    Whether they will start taking people to court for non-payment in the future is another matter.

    But with the current confusion over UC and these penalty charges I doubt they would win in court, which is probably why they are not doing it.
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  3. #13
    Quote Originally Posted by Kodiak View Post
    This is terrible and it should have ben sorted out long ago. All I can say thank Goodness I live in Scotland as I get 17 Prescriptions every 28 Days and if you live in Scotland everyone gets FREE Prescriptions.
    i am entitled to free prescriptions its just there making it hard for people.

  4. #14
    Quote Originally Posted by nukecad View Post
    I'm reading on rightsnet that they will always cancel the penalty if you call them and say that you are/were on UC.
    druids post seems to back it up.

    https://www.rightsnet.org.uk/forums/...939/P15/#62040

    Also reported on rightsnet is that they do not follow up these penalty charges with court action if you don't pay.
    No one has been taken to court for not paying the penalty in the past year.
    This confirmed by an answer to an FoI request.

    https://www.rightsnet.org.uk/forums/...939/P30/#62094


    Whether they will start taking people to court for non-payment in the future is another matter.

    But with the current confusion over UC and these penalty charges I doubt they would win in court, which is probably why they are not doing it.
    in other words nuke there trying it on , i doubt they would say how many people pay the fine even when there entitled to free prescriptions.( and are not refunded)

  5. #15
    Senior Member nukecad's Avatar
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    That's right they are trying it on, because they can't check for UC entitlement they are issuing penalties and getting the claimant to sort it out for them (or just pay).

    They are on very dodgy ground with this, and they know it.

    If you read that rightsnet thread you will see that they don't even have any way of checking UC entitlement.
    That's not the NHS's fault, it's the UC system being unfit for use, and not thought through as usual.

    But the way the NHS are trying to get around that is not very clever.

    There is an intersting letter from NHS-BSA posted there, paraphrasing the letter:

    • When you tick the box on the prescription to say you are on IR-JSA they check that and if the DWP says you are not on IR-JSA the NHS 'assume' that you are on UC instead.
    • If you tick any other box they check that and if the DWP says you are not on it then they don't make that 'assumption' and send out a penalty charge letter.


    So if you are on UC and tick the box for either 'Income Support' or 'Income Related ESA' the DWP says you are not and the NHS send a penalty notice.
    You have to tick the box for IR-JSA.

    Druid says in the first post that he ticked 'Income Support', so the NHS checked, he wasn't on IS, so they sent a penalty notice.

    To be honest here they are also on very dodgy ground just by telling you to tick the box for IR-JSA.

    The prescription is a legal form, and ticking that box is a legal declaration that you are receiving that benefit.
    So the NHS is officially telling you to break the law.

    There is also a big question mark over that 'assumption' they are making.
    Anyone could tick the IR-JSA box and when checked the DWP would say "No they are not on IR-JSA". So the NHS by their own admission would just 'assume' that they are on UC instead and not send a penalty notice.
    (Free prescription for anyone who knows about it and willing to take the risk?)
    Last edited by nukecad; 09-19-2018 at 03:06 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #16
    Quote Originally Posted by nukecad View Post
    That's right they are trying it on, because they can't check for UC entitlement they are issuing penalties and getting the claimant to sort it out for them (or just pay).

    They are on very dodgy ground with this, and they know it.

    If you read that rightsnet thread you will see that they don't even have any way of checking UC entitlement.
    That's not the NHS's fault, it's the UC system being unfit for use, and not thought through as usual.

    But the way the NHS are trying to get around that is not very clever.

    There is an intersting letter from NHS-BSA posted there, paraphrasing the letter:

    • When you tick the box on the prescription to say you are on IR-JSA they check that and if the DWP says you are not on IR-JSA the NHS 'assume' that you are on UC instead.
    • If you tick any other box they check that and if the DWP says you are not on it then they don't make that 'assumption' and send out a penalty charge letter.


    So if you are on UC and tick the box for either 'Income Support' or 'Income Related ESA' the DWP says you are not and the NHS send a penalty notice.
    You have to tick the box for IR-JSA.

    Druid says in the first post that he ticked 'Income Support', so the NHS checked, he wasn't on IS, so they sent a penalty notice.

    To be honest here they are also on very dodgy ground just by telling you to tick the box for IR-JSA.

    The prescription is a legal form, and ticking that box is a legal declaration that you are receiving that benefit.
    So the NHS is officially telling you to break the law.

    There is also a big question mark over that 'assumption' they are making.
    Anyone could tick the IR-JSA box and when checked the DWP would say "No they are not on IR-JSA". So the NHS by their own admission would just 'assume' that they are on UC instead and not send a penalty notice.
    (Free prescription for anyone who knows about it and willing to take the risk?)
    yes ive often wondered why more people dont just tick "box K" ? i guess they have been doing and thats why we are seeing these "penalty" notices?.
    i dont know what medicines are of high value but if someone was leaving the UK they would tick box "K" and be on the next plane out.

  7. #17
    just thought i would update / im ticking jobseekers and still getting a penalty notice everytime i pick up a prescription
    im ignoring them now i phoned 3times , after a few weeks they send a demand for £74+costs . i ignore that to !

  8. #18
    Senior Member nukecad's Avatar
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    Interesting to know that druid,

    I think I'd ignore them too.

    I'm not sure how long your payment details stay on your journal?
    But I would save or print them for the relevant months, as proof you were entilted, just in case it ever does come to court.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #19
    Quote Originally Posted by nukecad View Post
    Interesting to know that druid,

    I think I'd ignore them too.

    I'm not sure how long your payment details stay on your journal?
    But I would save or print them for the relevant months, as proof you were entilted, just in case it ever does come to court.
    they say if your on UC with under £400 in savings your entitled to free prescriptions , every time ive rang them they have quashed it but its getting anoying having to ring everytime
    as far as i know your payments page stays up for 6months.
    i dont know if there worried what UC pays you it seems to be this £400 in savings there on about.
    if this is so everyone on UC must get these silly fines

  10. #20
    Bumping this page up

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