Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

NHS prescription penalty charge

89 replies

Knickerbockerglories · 13/03/2023 14:52

I am hoping someone has some experience of this and can advise me…

my husband and I both take long term medication and have previously bought the yearly pre payment prescription card.

I switched to a monthly direct debit and thought I/we had switched his too, clearly we didn’t and he has been ticking the prepayment option for about a year without realising.

last month he got a penalty charge notice after an ‘automated check’ I phoned and explained and offered to back pay the years card, and they basically said tough he would get the fine. Fair enough, our mistake. I went online that day and set up his direct debit for the monthly option which auto renews each year- we won’t be caught out again!

problem is he’s just had another charge notice for the month after the last one… so probably another penalty fine… will these continue for the full year or so he missed so be about £1,000 in total?

if they look at the system they can see it was an error after paying the annual charge regularly for years before…. Do I ring them again or will that just highlight the other times (which he’s more than covered in the first fine).

I know he’s technically in the wrong but it was a genuine mistake and he’s paid the fine and set up the DD option to make sure it doesn’t happen again…

any advice? Has anyone had anything similar?

OP posts:
Lougle · 14/03/2023 06:01

I only show my certificate once per year. My pharmacy records the details on their system. I confirm that it's renewed each year. I get 8 medications per month so it would be crazy not to pre-pay.

Alphabet1spaghetti2 · 14/03/2023 01:41

smashin · 14/03/2023 01:33

why? you can show the certificate including expiry date directly on your phone which takes seconds. Printing it doesn’t add any legitimacy. I’d imagine it would be very easy to fake a paper, printed certificate. People can’t tamper with a genuine email retrieved from their inbox in real time, or with the live NHS website.

Why - because emails can be lost and it’s a visual reminder to the person who has paid for the certificate. An alternative would be writing the expiry date on a calendar. There seems to a number of posters not knowing when the certificate expires, and not always getting the reminder email.

Do you have to show the original email on a smartphone when collecting a prescription then? (Asking as I don’t have this certificate nor knows anyone who’s does, so I can ask them).

smashin · 14/03/2023 01:33

Alphabet1spaghetti2 · 14/03/2023 01:29

Can the email certificate not be printed off and trimmed then laminated, so it fits in a purse/wallet? If it shows an expiry date then it could be more easily checked.

(I don’t have a a prepayment card and don’t know what this email would look like, so apologies if this idea isn’t feasible).

why? you can show the certificate including expiry date directly on your phone which takes seconds. Printing it doesn’t add any legitimacy. I’d imagine it would be very easy to fake a paper, printed certificate. People can’t tamper with a genuine email retrieved from their inbox in real time, or with the live NHS website.

Alphabet1spaghetti2 · 14/03/2023 01:29

Can the email certificate not be printed off and trimmed then laminated, so it fits in a purse/wallet? If it shows an expiry date then it could be more easily checked.

(I don’t have a a prepayment card and don’t know what this email would look like, so apologies if this idea isn’t feasible).

Widowtoaworkaholic · 14/03/2023 01:03

This happened to me. I was paying monthly but whilst pregnant I cancelled my direct debit as I stupidly thought my matb1 was the same as a maternity exemption form. I received multiple fines and had to pay the prescription charges for all of them even though I could prove I was entitled to a maternity exemption certificate at the time.

smashin · 14/03/2023 00:54

Sooooo I was accused of wrongfully getting free NHS treatment twice:

  1. I paid for my Band 1 appointment, however the dentist ticked the wrong box on their paperwork which made it seem like I got the treatment for free. I received a letter stating I wrongly claimed free dental treatment and that a penalty would be imposed. I sent it to my dentist essentially asking “wtf”. The dentist emailed the NHSBSA explaining their error. I sent over my receipt confirming I paid too. The NHS looked dimly at my dentist as they essentially claimed for the cost of my treatment through them and got paid twice.

2.I had a prescription pre-payment certificate and used it. I then got a letter in the post saying they could find no record of it and I would have to pay a penalty. I called the NHSBSA and they could see I had a valid certificate, it’s just that the address didn’t match the address on my prescription. I was a student at the time and lived between halls and my parent’s home. They fixed their error and nothing came of it.

overall I just think their fraud detection seems quite high?

Lougle · 13/03/2023 20:14

Nobody is charged because of fraud. They are charged because there is a law that says they must pay a penalty if they don't pay the correct charge at the time, unless:

"...he shows that he did not act wrongfully, or with any lack of care, in respect of the amount recoverable..."
www.legislation.gov.uk/uksi/1999/2794/regulation/2/made

So anyone who says 'Oops I didn't realise' or 'Oops I forgot' would be deemed to have shown a lack of care.

Soontobe60 · 13/03/2023 20:13

According to the website, you should have received a letter asking them to confirm their entitlement and give you 28 days to respond. However, the problem is, your DH WASNT entitled, so would be fined.
www.nhsbsa.nhs.uk/penalty-charges-explained

TheMatriarchy · 13/03/2023 20:13

I used to be eligible for an exemption based on my low wage (part time working due to a health condition). I got a tiny salary increase one year and I was no longer eligible, which I didn't realise. It took me a couple of months to register I had not had the renewal letter as I was very sick at the time. I bought the annual prepayment certificate that day, but it was not soon enough, and sure enough a fine and nasty letter arrived. I tried calling and explaining that there had been no notice, that I had been very ill etc. They were not interested, just lets find a way to penalise the poorest and sickest in society as usual.

lieselotte · 13/03/2023 19:50

Agreeable · 13/03/2023 15:33

Lol, of course it can be classed as fraud even if it wasn't deliberate.

Why do MNers post rubbish about things they know nothing about?

www.cps.gov.uk/legal-guidance/fraud-act-2006

There has to be deception, which has to be intentional. It is not a strict liability offence (look up what that is).

However, the issue is different with prescriptions, where you are fined if you do not pay when you are supposed to. That is not fraud and is a stand alone issue.

MissMaple82 · 13/03/2023 19:36

Agreeable · 13/03/2023 15:33

Lol, of course it can be classed as fraud even if it wasn't deliberate.

Fraud is deception to gain... if there's no deception it can't be fraud. Its simply an error

Abraxan · 13/03/2023 18:43

Neverdropyourmooncup

I never get an email, not without hunting in spam usually - despite clicking to say it's not spam. And sometimes just doesn't come.
Last time I managed to find a link online to find it - but no record, which is why I bought a new one. No idea what the number and expiry date in my calendar is for though as that doesn't appear to exist!

This time I've screenshot my confirmation page as 'evidence' as still didn't get an email!

As said before, I haven't been asked to show it for years p bar this last time when I went to a new out of area pharmacy,

Rowthe · 13/03/2023 18:40

MaggieFS · 13/03/2023 15:52

Granted I don't have that many prescriptions, but I have never been asked to show maternity exemption cert nor PPC to a pharmacist. I used to, but I guess the job has been given to the centralised team who then do fines?

I think the pharmacist can check if you have one but they will just take your word if you say you are exempt.

Then a few months later you get the fine.

Rowthe · 13/03/2023 18:33

MCorbett86 · 13/03/2023 15:27

@Rowthe That's assuming they obtained 120 prescriptions. In that case I am sure the NHSBA would expect them to be more on top of their paperwork, given how important prescriptions are to their daily functioning. Surely a pharmacist would have asked to see evidence of a PPC at some point were that many items being subscribed? If your £12,000 figure is correct, I would certainly say this is more of a case of fraud than genuine error.

Sorry thought it was £1000 per script.
😂

Quia · 13/03/2023 17:58

I'm wondering whether the best course is to write to them saying you realise this error must apply to all prescriptions for the last 12 months, you had absolutely no intention to defraud the NHS and will pay for the lot, here's our cheque (or, give us your bank account details so we can pay direct). No idea whether the system can accommodate that, but it would tend to show you had no intention to deprive the NHS of the money which ought to stop the fines.

Rosula · 13/03/2023 17:55

Agreeable · 13/03/2023 15:33

Lol, of course it can be classed as fraud even if it wasn't deliberate.

Oh, come on, this is basic stuff. To establish fraud you need to prove intent to defraud. Therefore there is no such thing as non-deliberate fraud.

Puzzledandpissedoff · 13/03/2023 17:51

my worry is that we will get 12 fines of £100ish one after the other so end up paying £1,200 is for the year instead of £120 or whatever the card is

I can't give you a definitive answer, but AFAIK a spot check would have just shown up your non-entitlement on that particular prescription

I don't know if they then double check all the others, but when this happened to my DS (support staff didn't know the prepayment certificate had expired) he only ever got one fine

NeverDropYourMooncup · 13/03/2023 17:49

Abraxan · 13/03/2023 16:36

You don't get a message ime. I didn't.
It's trickier now as it isn't a physical card anymore either - and no easy way to check.

Mine had run out and I didn't know. I bought a new one as soon as I found out. I suspect I've ticked the box at least 2 or 3 times without realising it had potentially elapsed. The date on my phone calendar suggests I had got one as I've added it to the calendar (running out in July/August) but I can't find any record of it online or in my emails. Just a date it runs out. I can only assume something went wrong with payment perhaps, So I have paid for a new one as soon as I realised and this time taken screenshots of the new information, as well as adding to calendar, I now have to hope there are no fines to come for the time I may not have had a valid card - it was a genuine error.

It's really easy to check. The email from paying for the PPC gives the certificate number and validity period.

I just pull it up on my phone and show them at the counter, they note down the number, job done.

NHS prescription penalty charge
Redebs · 13/03/2023 17:34

I was fined once because I was confused about ESA. There are two different benefits, both called ESA, one of which is eligible for free prescriptions, the other is not - how confusing is that?!

I immediately phoned and told them they had made a mistake and was informed that I was the one who had got it wrong. They don't have any option to waive fines if you've made a genuine error, unfortunately. Fine was £50 I think, which I paid straight away, then set up a prepayment certificate.

I told them I was worried about other prescriptions I had also wrongly ticked in the past and was told that the scrutiny is random, so although it was possible I might get fined again, it was unlikely.

Sounds like you were unlucky OP to get fined twice. I was told they do a sweep every month, so you're not likely to be fined for anything prior to the ones you've already been given.

Itshandled · 13/03/2023 17:32

Yeah, must be something like that. I tried my maiden name and no luck. I have found the certificate now so at least I know I’ve definitely got one. Phew!

RubbishDay · 13/03/2023 17:32

I have a prepayment certificate and every time I collect my prescription I have the email open to show the pharmacy. They note down the certificate number and expiry date.

I did make a mistake once and realised that I had the start date incorrect between the old and new one which meant I had one prescription incorrectly despite showing the email to the pharmacy. I emailed straight away and asked if I could amend the date to cover the intended start date rather than pay a fine and they did but maybe that was because I contacted them before any checks/fines had been issued.

hettiethehare · 13/03/2023 17:20

It's a complicated system and actually I think it was much better when you got a physical card with an expiry date on and had to show that!

I've had a prepayment card for years, but recently didn't renew as I'm only on one medication now so it is cheaper to pay for each prescription as it comes. Last time I picked it up I had to insist that I needed to pay as the pharmacist still had on their records that I had an exemption/ prepayment - I can see how people get mixed up/ forget!

Lougle · 13/03/2023 17:18

You need to contact them @Itshandled . I've just checked mine again and it says I have an exemption due to pre-payment.

Could it have your name slightly wrong?

Itshandled · 13/03/2023 17:15

That link has worried me. I pay by direct debit for a pre-payment certificate but it says they have no record of me when I put my details in. Just been back through the bank statement and I am definitely paying. Annoyingly can’t locate a recent email about it.

Roselilly36 · 13/03/2023 17:11

The NHS are very hot on this, I used to work for an opticians, a few times a year this would happen when a customer, who had previously been entitled at their last sight test, the assistant would always ask if they were still entitled etc. the onus was on the customer signing the form. The fine always stood. Rare for it to be overturned.