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Type 1: Prescription fine

I always received a reminder every five years that my exemption certificate needed renewing. 51 years as a diabetic now means I don't need it any more as over 60 but it was never a problem to renew.
 
Still being accused of fraud by certain posters amazing. I got med exemption and never had to pay fine as they were wrong in the first place. I hope nobody else paid fines either. Be happy :)
 
molivers73 said:
Still being accused of fraud by certain posters amazing. I got med exemption and never had to pay fine as they were wrong in the first place. I hope nobody else paid fines either. Be happy :)
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It's not 'Ignorance of the law', it's 'mistake of fact', which is indeed a defence in law. There's also a requirement for public notice if there's a change, which there was. You were not reasonably notified, or indeed notified at all, about the change so you're off the hook due to their dereliction of duty. Laws are so complex and ever-changing that there's an entire profession dedicated to navigating them. The idea everyone should be familiar with them is utterly laughable and literally unachievable. Lawyers themselves need to look up what the law says and how it's been interpreted in case law, because the words on the face of the legislation and associated guidance often aren't enough to guide decisions correctly.

Diabetic forums are often full of bitter, uncharitable nasties, but the way they rounded on you rather than having your back, or even taking a neutral position and researching what your legal position actually is (you were right all along), was a truly dispiriting experience.
 
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ally1 said:
I do agree with what you say but personally I do feel it's up to the person to remember to renew their exception card.
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Legally, they need to be informed that they need to do this because there's a requirement for public notice. Technically, it's illegal to carry a plank or ladder in a Metropolitan Police District, but if you think a builder deserves a fine for not knowing that then I can only hope you're not in charge of anything important.
 
towerhil said:
It's not 'Ignorance of the law', it's 'mistake of fact', which is indeed a defence in law. There's also a requirement for public notice if there's a change, which there was. You were not reasonably notified, or indeed notified at all, about the change so you're off the hook due to their dereliction of duty. Laws are so complex and ever-changing that there's an entire profession dedicated to navigating them. The idea everyone should be familiar with them is utterly laughable and literally unachievable. Lawyers themselves need to look up what the law says and how it's been interpreted in case law, because the words on the face of the legislation and associated guidance often aren't enough to guide decisions correctly.

Diabetic forums are often full of bitter, uncharitable nasties, but the way they rounded on you rather than having your back, or even taking a neutral position and researching what your legal position actually is (you were right all along), was a truly dispiriting experience.
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Without doubt the best reply I have ever seen on any forum. I was banned for a long time for my responses to the negative posts by moderators. I was unable to reply to many of the posts. Thank you to the supportive people at the end of the day we should be as one.
 
Just info for anyone, I received my "fine" letter almost a year ago now. Told me I had to pay the fine and prescription charge, but they'd waive the fine if I applied for a card within the time limit - but I still had to pay the prescription charge.

Applied for and got the card and didn't bother to pay anything. Not heard a peep since.
 
Yay! Just got my fine notification. Seems I'm a bit late to the game. Have appealed on grounds of ignorance and not being advised (wish I had found this thread earlier)
Interestingly found this quote on www.nhs.uk:

"People with diabetes controlled by medication are entitled to free prescriptions and eye examinations."

Its at https://www.nhs.uk/conditions/type-1-diabetes/living-with/

Under the 'Financial Support and Benefits' heading.

If they dont know how can they expect us to?
 
I just ticked the 'exempt' box for over 25 years and then one day I was asked to provide proof of exemption, I've had the card ever since I applied and didn't get a fine, nor would I pay one if I had.

The reminder letter is quite cute, they must hope there's a cure coming :) [sarcastic smiley]
 
Incidentally, the penalty charge notice now includes the following:

'C: If you have one of the medical conditions listed on page 3, but did not know that you needed a valid medical exemption certificate to be eligible for free prescriptions:'

It goes on to say you have to apply for the exemption cert within a given time and will only have to pay the prescription charges not the penalty charge.

Seems fair enough given what others had to endure, but would paying the prescription charges make me liable for previous ones claimed in error? (I was diagnosed in 1994 so have never 'renewed' my exemption cert)
 
Dabeast said:
but would paying the prescription charges make me liable for previous ones claimed in error? (I was diagnosed in 1994 so have never 'renewed' my exemption cert)
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Ditto, was 'pulled up' a couple of years ago - no exemption card since '97, I wasn't charged for my previous indiscretions.............unless they are still coming up with a final figure...........:rolleyes:
 
Got a reply to my email:

'Thank you for your email.

I've not been able to find a Medical Exemption (MEDEX) Certificate for you.

We're unable to advise you whether or not your medical condition entitles you to a certificate.You'll need to speak with your GP or consultant and complete an application form if you are entitled.

Your record is locked until the 25th March 2018. If you apply and have a MEDEX put in place and pay the prescription charges of £34.40 for the items you collected, we'll remove the penalty. As you didn't hold a valid MEDEX when your prescription was collected we're unable to remove the prescription charge.


If you have any queries regarding the Prescription Exemption Checking Service you can visit our 'Ask Us' page at www.nhsbsa.nhs.uk

If you require any further assistance please contact us by email or telephone us on 0300 330 9291.

Yours sincerely,'

I have responded:

"Hello and thank you for your swift response. I have been to my surgery this morning and filled out the application for my medical exemption certificate. My gp will send this to you tomorrow.

I have checked to make sure that my medical condition does indeed make me eligible for the exemption, and being diabetic controlled by insulin (ie not diet alone) I do have an eligible condition. This is consistent with what I was told on diagnosis back in 1994.

Interestingly, whilst on the NHS site checking this, it seems that even the NHS are not aware of the need for a medical exemption certificate. See this link:

www.nhs.uk/conditions/type-1-diabetes/living-with/

Under the section headed 'Financial support and benefits' it says medically controlled diabetics are entitled to free prescriptions, with not a mention of the exemption certificate. This is consistent with my experience and this penalty charge is the first I have heard of needing the certificate.

I welcome your offer to remove the charge, but I am agreived by your request to pay for the prescription, especially when the NHS themselves don't advise us we need to have such a certificate. Please consider removing all charges on these grounds.

I look forward to your response"

Lets see what happens.....
 
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