Does anyone see any hope in this scenario:

Claimant on IB does not realise this is not IS and gets free dental treatment. Later the NHS write to ask her to provide proof of her entitlement which she obviously can't. At that time she applies for a certificate based on low income and this is awarded.

NHS apply a penalty.

I'm game for having a go at the penalty on the grounds that client made a mistake about her entitlement and did not act wrongly or with lack of care (IMHO).

But as far as I can see, she can't do anything about the charge itself. If she'd paid it, she may have been able to claim a refund. But I can't see a way through because the HC2 can't be backdated and she can't claim a refund as she hasn't paid anything. Or perhaps she should pay up now and then ask for a refund?

Any thoughts?

Sue

Mmmmmmmm hope? i'm forever clutching at straws.

Only, writing to ask that the penalty be waived on the basis that she would have qualified for free dental treatment if she had an exemption certificate at the time of treatment (send a copy of current one), but unfortunately hadn't because of confusion over the actual benefit she received i.e. IS in leui of (IB) incapacity credits and may be a bit of background relating to her health condition, financial circumstances etc etc etc etc extenuating circumstances.

I.e. a glorified begging letter. In the past i've phoned the person who sent the letter and found them really helpful and reasonable (scenarios break in claim ask them to hold off, while we get claim re-instated), so may be a phone call to break the ice followed by the begging letter.

I think that might work for the penalty, but my understanding is a HC2 can't be backdated, so it won't deal with the charges themselves.

I don't know about the HC2 sue or whether HC1's can be backdated (had no time to check it out, will try to explore that area later), but applying to get the penalty waived is a starting point.

Having looked at the PPA website, may be your suggestion about client paying those health costs and claiming it as a refund, is worth running past the PPA person who wrote the letter and asking if there is any official guidance on such a scenario as your client's. I know it sounds airy fairy but in the absence of anything else, nothing to lose by asking them.