Brian are you suggesting that people avoid checking the expiry date on their card, so that they can deflect a charge of fraud?Yes if someone does know that they have a card that has expired, but they continue to tick Box E, then that is technically Fraud. It is only technically not Fraud if someone did not know that their card had expired at the time that they ticked Box E.
i.e. in the former case it is not possible to claim no wrongdoing without lying, but in the latter case it is possible to claim no wrongdoing ..... "if you can show no wrongdoing" is the wording the NHS BSA uses on their website. .
Interesting. So the interpretation that gives him some wiggle room would be "no discretion on the prescription charge, but discretion exists on the penalty charge".Received a letter from the BSA Chief Exec today saying that he has decided to waive the penalty charge using the discretion within his remit. I still have to pay the £16 prescription charge but the penalty charge is waived. I have gone through my notes and his previous letter said "I would like to reiterate that these regulations do not allow the NHSBSA to exercise discretion or take personal circumstances into account when requesting that patients pay for prescriptions that were incorrectly claimed for free of charge." i had assumed that what he was saying previously was that the BSA had no discretion on any of the charges. I suspect that is what he wanted me to think. I suspect he was being deliberately misleading! He has not given any reason for changing his position on my case, but this might be pressure from whitehall. I am still pursuing a complaint with the Health Service Ombudsmen.
Interesting. So the interpretation that gives him some wiggle room would be "no discretion on the prescription charge, but discretion exists on the penalty charge".
i hate to defend the BSAExactly. Broadcaster Sybil Ruscoe put in an FOI on the number of penalty charge notices issued over the last 4 months and the figure given was 64,144. <snip>This equates to at least £3 million in fines, probably nearer £6 million. The BSA cant say how many of these are diabetics, <snip..
Just to add to this, I have never had a certificate and just assumed that as the only reason for insulin was to treat diabetes there would be no need to get one. I have been T1 since 1983! No one has ever said a thing to me about this.
I suppose I will get one sorted now but this does seem like bureaucratic nonsense really and one of the many ways in which the NHS could save itself some money by reviewing processes.
For example when registering with a new GP I have to see the nurse before I then get to see the specialists at the hospital etc. The nurse often knows less than I do about T1 so why can't the GP just refer me directly? Sorry to derail the thread a bit but stuff like this annoys me
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