Worried about getting a fine

Hi OP
Did you end up getting a fine? same thing has happened to me today and I’m a nervous wreck now!

If optician has sent form off there is nothing they can do. Easiest solution is ring/ message universal credit and ask them what to do. That will log that you have reported a genuine mistake and they will advise whether you need to reimburse them/ NHS or the optician.
Don't worry I'm sure loads of people make that assumption- but fine could be very costly, if you own up to it now I very much doubt you would be in any trouble at all .

https://www.nhsbsa.nhs.uk/ contact the NHS business service authority

This is the department that deal with all the prescription/dental charges etc

Im absolutely certain they’ll be able to help you & avoid a fine

I haven’t read the full thread but you can ring UC and ask for a loan that can be paid back over a few months if you haven’t already got one - think it’s up to £800 and will automatic come out of monthly payments.

Hmm, I had a similar situation a couple of years ago. Asked if I was on UC but I was clear - yes but my partner earns X amount each month. They insisted I was eligible for a discount/free eye test anyway. I actually tried to insist on simply paying but they were adamant. Never got fined or ever heard anything more about it.

I was/am a carer though, I’m not sure if that made a difference in how eligible I was.

Does your husband or another family member have a credit card that they can pay for your glasses with? Or you could apply for one or a small loan or overdraft now. I have a smaller income than you and a (frightening) amount of credit on credit cards (that I've since reduced). You can set your CC up so that X amount is paid off it automatically monthly so that you don't get ADHD tax on that, and once the glasses and possibly the car bill is on there, you can reduce the credit you have available on it so that you're not tempted to spend beyond your means. You can also do things like set the pin to something you won't remember, deliberately cut up the card, or give it to H for safekeeping so that you don't use it if you are worried about impulsive spending you can't afford.

Get your husband to help you with the to dos that you have been given on here, lots of good advice. You'll be okay xxx

As I said previously we're (I'm an optician) not allowed to do this without being registered with the FCA. Have a look at my previous comment, it tells you what to say to them.

You should apply for a HC2 or HC3 certificate in the meantime as you should still be entitled to help with healthcare costs! If you do receive a fine you should then be able to contest and ask for the declared exemption to be transferred:

https://www.nhsbsa.nhs.uk/nhs-low-income-scheme

Not your fault, they should word their questions clearly.

Here are a few numbers you can phone and ask for advice. Please don't worry many people assume UC entitles free optical and also prescriptions. I work in a pharmacy and I try and ask when they say they are on UC if they are below the earnings threshold. So the opticians were definitely wrong for just assuming.
Do you have any close family with history of glaucoma as that can also give you free help?

It won't be more than £100 and you can pay monthly.
But l think you can plead your case as a genuine mistake because the opticians only asked if you were on benefits and not if you were over the threshold.
You can pay as little as £10 per month if you do get fined. See attachment

The fault lies with the opticians. They only asked if you were on UC.. not if you were entitled or over the threshold..they should have made things more clearly. You need to let them know and they need to contact the relevant department.

OP as long as you don’t go to collect & use the glasses before you have paid for them then you should be able to argue against the fine.

But now that you know you were not entitled to them free, if you go to collect them without paying for them knowingly then you are going to have a hard job arguing that the fine should be waived.

Initially it was a mistake which you could possibly explain, but if you go collect the glasses knowing you shouldn’t have them then you will have to pay the fine.

Ok op things to do

1. please stop kicking yourself - yes you could have checked that the free glasses entitlement applied to you so lesson learned there, but it was a mistake not a deliberate act.

2. the opticians should have done their due diligence as well so if they are saying there is nothing they can do it is not good enough. Complain! I will check the process but basically you complain to the shop then to head office then to the professional body for opticians to escalate if you are not happy with their response. Is it a national chain or an independent optician?

3. call the NHS there will be a way to sort this out but you will need to be proactive. Numbers at bottom of this page:
   www.nhs.uk/nhs-services/help-with-health-costs/nhs-low-income-scheme-lis/

4. get some help - use your local Citizens Advice, or call the CitA consumer helpline.

5. there is some help for people on UC with mortgages called SMI and available to help with the interest - it is a financial product so will have to be paid back.
   www.citizensadvice.org.uk/benefits/support-for-mortgage-interest-smi/

6. if you are not working due to your health/ disability you may be able to get a premium on your UC related to work capability - there is a process to follow and it is not guaranteed but worth looking into.

www.citizensadvice.org.uk/benefits/universal-credit/if-youre-sick-or-disabled/getting-universal-credit-if-youre-sick-or-disabled/

When you say "we" wouldn't be eligible, surely your personal eligibility is based on your personal income...?

Who do you normally contact with UC queries? The job centre?

I'm not sure they would be fined for a simple mistake they tried to rectify. It's more people trying to get things free that they know they should pay for that would get fined.

The fines are necessary because there are lots of people for whom it wouldn’t have just been a “mistake”, and so tax payer money is being used fraudulently in those cases. The fines are a deterrent for those situations.

The problem is it doesn’t really matter what the opticians said or didn’t say, the guidance is clear that it is on the individual to know and understand their own entitlements and only claim what they are entitled to.

The penalty is in 2 parts, part 1 is the original cost of the treatment and part 2 is the additional penalty charge. The additional penalty charge is typically 5 times the amount owed. You can pay by direct debit monthly if needed though yes it doesn’t have to be all upfront. However if I was you I would not be going to claim the glasses until it is paid as then you cannot be seen to be benefitting from the fraud

Most opticians do free tests anyway. You will need to pay for glasses, but I would try to swap for the cheapest range, if you didn't do that already. Specsavers start from £15 a pair. If you get your prescription from the optician you can also buy cheap glasses on line.

I'm not in the UK, but I find it so bizarre that somebody would be fined for a mistake like this, rather than the claim simply being rejected

The examination costs £20 so that's not an issue anyway.

As another poster said, have you actually double checked that your friend is right? All this crying won't help. Checking your eligibility will.

As for the instalment thing, you don't need to be registered with the FCA for a one-off arrangement and it may well be that your optician will allow you to pay for the glasses in instalments. Especially as they misled you in the first place.