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Type 1: Prescription fine

Discussion in 'Type 1 Diabetes' started by molivers73, Nov 26, 2014.

  1. softgirl123

    softgirl123 Type 1 · Well-Known Member

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  2. softgirl123

    softgirl123 Type 1 · Well-Known Member

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    scrapping i would say.
     
  3. cookiesT2

    cookiesT2 Type 2 · Active Member

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    When I was put on metformin the diabetic nurse got me the form signed it etc so I could send it off. Got exemption card quite soon afterwards through the post. I've only had to show it a couple of times but keep it in my purse just in case. I wouldn't have known I needed one if she hadn't told me. I just knew that if on medication for diabetes then I got free prescriptions. Type 2
     
  4. towerhil

    towerhil Type 1 · Member

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    No, the rules changed in 2002, but they didn't inform people who used to have blanket exemption before that point. In 2002, the info wasn't available online, so they'd have had to write speculatively to DH to ask if an irrational rule change had occurred. Diagnosis before 2002 would mean they didn't get reminder letters either. Finally, it's illegal for them to raise a charge if the individual didn't knowingly deceive the NHS. Section 122 of the Health Act 1999, or 194 of the NHS Act 2006 (same wording). Stop defending an indefensible, illegal act and stand beside your fellow diabetics. It is depressing that you acquiesced so quickly to this unfair victimisation of other people. Are you really that much of a pushover?

    If anyone would like to know how to get around it, simply point out that the pharmacist never asked you for your certificate. My charge was waived as a misunderstanding and I'll now fight for a blanket exemption, such as is enjoyed by those under 16 and over 60. Easily administered in those cases, as it should be in the case of incurable conditions.
     
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  5. nikki.d

    nikki.d Type 2 · Newbie

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    I h
    I agree with some of the other posts, a letter from you explaining you never been informed should suffice with a letter from your gp to confirm when you were diagnosed. fill out your form to apply for the exemption card now and in the mean time if you get receipts when paying for your medication, the chemist should re-imburse you once you get your card. this is what I did. unfortunately , chemists will know you are exempt by the meds you use and don't always ask to see the exemption card. I do think it is bad form by the NHS though :(
     
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  6. towerhil

    towerhil Type 1 · Member

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    Reposting from below

    No, the rules changed in 2002, but they didn't inform people who used to have blanket exemption before that point. In 2002, the info wasn't available online, so they'd have had to write speculatively to DH to ask if an irrational rule change had occurred. Diagnosis before 2002 would mean they didn't get reminder letters either. Finally, it's illegal for them to raise a charge if the individual didn't knowingly deceive the NHS. Section 122 of the Health Act 1999, or 194 of the NHS Act 2006 (same wording). Stop defending an indefensible, illegal act and stand beside your fellow diabetics. It is depressing that you acquiesced so quickly to this unfair victimisation of other people. Are you really that much of a pushover?

    If anyone would like to know how to get around it, simply point out that the pharmacist never asked you for your certificate. My charge was waived as a misunderstanding and I'll now fight for a blanket exemption, such as is enjoyed by those under 16 and over 60. Easily administered in those cases, as it should be in the case of incurable conditions.
     
  7. lollyann1

    lollyann1 Type 1 · Well-Known Member

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    Whilst I do think it is unfair, at the end of the day, is it worth going to Court for?
     
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  8. towerhil

    towerhil Type 1 · Member

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    It's worth diabetesUK going to court for, like the RSPCA do in animal abuse cases. It's worth standing up to because it's an illegal charge. I personally can easily afford the charge, but understand the impact of it on low income households (devastating) when no legal wrong has been committed.This is a misapplication of a law designed to prevent health tourism to bully people taking their medication to avoid pricey outcomes for the NHS.
     
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  9. towerhil

    towerhil Type 1 · Member

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    No, the rules changed in 2002, but they didn't inform people who used to have blanket exemption before that point. In 2002, the info wasn't available online, so they'd have had to write speculatively to DH to ask if an irrational rule change had occurred. Diagnosis before 2002 would mean they didn't get reminder letters either. Finally, it's illegal for them to raise a charge if the individual didn't knowingly deceive the NHS. Section 122 of the Health Act 1999, or 194 of the NHS Act 2006 (same wording). Stop defending an indefensible, illegal act and stand beside your fellow diabetics. It is depressing that you acquiesced so quickly to this unfair victimisation of other people. Are you really that much of a pushover?

    If anyone would like to know how to get around it, simply point out that the pharmacist never asked you for your certificate. My charge was waived as a misunderstanding and I'll now fight for a blanket exemption, such as is enjoyed by those under 16 and over 60. Easily administered in those cases, as it should be in the case of incurable conditions.
     
  10. JRW

    JRW Type 1 · Well-Known Member

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    Good to know this, I was diagnosed in Jan 2013, all has been ok with my GP to date, long may it continue.
     
  11. towerhil

    towerhil Type 1 · Member

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    I'm personally disappointed in the diabetics who think the BSA is in the right. Moreover, the system needs to revert to its pre 2002 exemption. In the meantime, make sure you get your stupid form to confirm you haven't experienced a miracle cure >(




    Edited to conform to forum rules. Name calling deleted. CC.
     
    #511 towerhil, Feb 22, 2015 at 8:20 PM
    Last edited by a moderator: Feb 22, 2015
  12. softgirl123

    softgirl123 Type 1 · Well-Known Member

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    i said my card was not asked for but they said it wasnt their responseability.it was mine.will check out section 122 of the health act.
     
  13. towerhil

    towerhil Type 1 · Member

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    Get a card while we sort this out. Pay for your prescriptions before it arrives. Forms available from your GP, usually on the front desk since this nonsense hit the BBC. Also, keep ringing them persistently. Quote the law at them. Point out again that this could be the basis for a civil suit. Reiterate that you have never been asked for your card.
     
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  14. softgirl123

    softgirl123 Type 1 · Well-Known Member

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    great advice.willdo this tomorrow.
     
  15. martineking

    martineking · Member

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    Hi I have had type 1 diabetes for 22 plus years, I filled out exemption certificate when first diagnosed and was told by the G.P this would make me exempt for life. I received exemption certificate cards there after until about 8 years ago, told my G.p and he told me I was exempt for life and did not need a new certificate. then in december last year I got a penalty notice spoke to the agency who claimed they could not find any evidence I ever had one and that they only lasted 5 years , and you had to renew them did some investigating and discovered that the department of health had sold the contract for exemption certificates to this recent company recently, and that the information had not been transfered over to them. spoke to diabetes u.k careline who told me they had been looking into this as 1000 of diabetics had been effected there chief executive had had a meeting with DOH who agreed that they would not send penalties to diabetics but letters to warn them to get valid exemption certificates which they have not done I was advised to talk to my M.P which I have, awaiting what will happen next, but I will not be paying the penalty notice. Plus your exemption certificates are not automatically reissued as some of you have quoted you have to do it if you don't it will just run out and they will only back date exemption certificate for 1 month end of. I also think that some of the threads on this feed have been quite offensive to people and living with our condition is bad enough and if you have had it since a teenager like myself you are not properly informed like newly diagnosed mainly type 2 diabetics are today if you are diagnosed as a child you do not pay for prescriptions anyway.
     
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  16. towerhil

    towerhil Type 1 · Member

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    The response from your MP will be that the minister cannot act, You have a right to fight this. Tell them about your circumstances and ring repeatedly until you get the result you want.

    Pasted from below

    No, the rules changed in 2002, but they didn't inform people who used to have blanket exemption before that point. In 2002, the info wasn't available online, so they'd have had to write speculatively to DH to ask if an irrational rule change had occurred. Diagnosis before 2002 would mean they didn't get reminder letters either. Finally, it's illegal for them to raise a charge if the individual didn't knowingly deceive the NHS. Section 122 of the Health Act 1999, or 194 of the NHS Act 2006 (same wording). Stop defending an indefensible, illegal act and stand beside your fellow diabetics. It is depressing that you acquiesced so quickly to this unfair victimisation of other people. Are you really that much of a pushover?

    If anyone would like to know how to get around it, simply point out that the pharmacist never asked you for your certificate. My charge was waived as a misunderstanding and I'll now fight for a blanket exemption, such as is enjoyed by those under 16 and over 60. Easily administered in those cases, as it should be in the case of incurable conditions.



    Edited due to offensive remark about another poster.

    CC.
     
    #516 towerhil, Feb 22, 2015 at 10:22 PM
    Last edited by a moderator: Feb 22, 2015
  17. Paulthompson1

    Paulthompson1 Type 1 · Newbie

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    That's ridiculous, I've been a diabetic for over 10 years. I've asked a few doctors for information in getting one. They've all said the same thing.....
    "You don't need a certificate"
    Why would anyone want this sort of medication if they don't need it. It's not drugs!
     
  18. rubold

    rubold Type 1 · Well-Known Member

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    It now appears that every time you are advised by a medical professional about the requirement for a medical exemption certificate, you also need to carry out online checks to ensure the information is accurate.
     
  19. mike@conisbrough

    [email protected] Type 2 · Member

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    Get a certificate sorted out ASAP.

    From The Horses Mouth

    Arguing that you were told 15 or 20 years ago that you are exempt for life isn't going to wash.
     
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  20. towerhil

    towerhil Type 1 · Member

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    I replied to this earlier, but the mods appear to have taken down my useful answer. Type 1s used to have blanket exemption just like the over 60s and under 16s until 2002, when some bright spark made exemption renewable every 5 years. They didn't tell existing certificate holders, only those diagnosed after 2002, so most assumed that the system wouldn't require them to prove they hadn't undergone a miracle cure, right? RIGHT?! They also didn't get reminder letters and it would be unreasonable to expect them to write to DH speculatively to ask if there had been any irrational rule changes.

    Fast forward to 2014, and policing the system is centralised.Someone in NHS England commissions the BSA to enforce fines for invalid certificates and they go to town, fining anyone invalid £100, plus the prescription charge and £50 late payment. However, there is a flaw. The charge is raised in line with the Health Act 1999 (they should have used the NHS Act 2006, but no matter it's the same wording), but is meant to stop fraud e.g. health tourism. What the law says is you have to have 'knowingly' deceived the NHS, which of course you haven't. Nobody involved from their side checked the law. Ergo, this is the basis of a legal challenge from a well-know British advocacy organisation.

    In the meantime, I got my £175 fine waived by explaining I'd never had to produce an exemption certificate. I had to ring up 3 times. Long term, we need to be agitating to remove the need for renewal, just like the over 60s, so if we are distracted in 5 years time by persobal tragedy or sickness we won't also receive a fine from the NHS for taking our medicines.

    It's an absurdity. Don't accept it, don't 'eat humble pie'. Help us to expose this illegal behaviour.
     
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