I've just had a query from a client who's husband has received a letter from the Business Services Authority asking for repayment of dental treatment he'd received in September. They have also levied a £100 penalty on top quoting the "National Health Service (Penalty Charge) Regulations 1999". A further surcharge will be added if payment is not made by the date specified in the letter.

I've had a look at the above regulations and it appears that this is payable unless he can show that he didn't act "wrongfully" or with "any lack of care". I think he has a reasonable chance of demonstrating this due to the circumstances surrounding how it arose. He was wrongly advised by the dental receptionist that because he wasn't working and on IB that he wouldn't have to pay and was just asked to sign a form (his wife works full-time). We've advised him to pursue a complaint against the dental surgery.

I'd be really interested to hear from anyone who's come accross similar cases. I'm not sure how to advise the client, as I'm not sure if there's a right of appeal (and if there is, whether the amount is fixed at the current level - otherwise my concern is that the charges will continue to rack up). Also this is the 3rd query we've dealt with in as many weeks about repayment of prescription/dental charges - and was wondering if others have also noticed an increase in these types of queries.

Any help or advice would be much appreciated.
Many thanks

Sandra Pierre
Welfare Rights Officer - Greenwich Council

I haven't come across penalty charges before but have had clients being asked to repay prescription charges. This is the nhs leaflet about penalty charges but it gives no info about appeals.

http://www.cfsms.nhs.uk/doc/cfs.posters/hc81.leaflet.pdf

If you search in the nhs counter-fraud site main site you might find a document about the process

http://www.cfsms.nhs.uk/

Thanks very much for your help - I'll check this out.

http://www.opsi.gov.uk/acts/acts2006/ukpga_20060041_en_13#pt9-pb7-l1g191

see section 191. i haven't come across this before...

it appears there is an assumption that your client acted 'for the purpose of evading charges'. just how this assumption of guilt without any attempt to enquire before the issue of some type of fixed penalty notice crept into civil administration is another issue...

i didn't spot anything immediately about a right of appeal, but i think your client should dispute it.

don't know if this helps...?

http://www.dpb.nhs.uk/archives/dentalprofile/articles/NHS_dental_charges.pdf

Thanks so much for this - was really helpful.