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DWP and NHS contractual arrangements

 

Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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How do

Does anyone know where I’d find details of the contractual arrangements between NHS and DWP.

We’ve got a consultant who’s reluctant to respond to a UC113. I’d like to explain why he’s wrong.

Thanks

      [ Edited: 17 May 2019 at 02:08 pm by Dan Manville ]
BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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I don’t know Dan but this from the BMA suggests it is not that straightforward in its view…

https://www.bma.org.uk/advice/employment/fees/benefits-certification

There has been some confusion over whether consultants should be paid a fee for providing a report to the DWP regarding a patient seeking benefits.
The DWP’s position is that hospital doctors are contractually obligated to provide these reports and therefore no fee can be charged.
When a hospital doctor refutes this, the DWP provide a copy of the Health Services Circular.
It is the BMA’s view that if the provision for this report is listed in the doctors contract, then they are contractually obliged to provide this report free of charge. If however this is not included within their contract, a fee can be charged irrespective of the health services circular provided by the DWP.

     
ClairemHodgson
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Solicitor, SC Law, Harrow

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BC Welfare Rights - 20 May 2019 10:30 AM

I don’t know Dan but this from the BMA suggests it is not that straightforward in its view…

https://www.bma.org.uk/advice/employment/fees/benefits-certification

There has been some confusion over whether consultants should be paid a fee for providing a report to the DWP regarding a patient seeking benefits.
The DWP’s position is that hospital doctors are contractually obligated to provide these reports and therefore no fee can be charged.
When a hospital doctor refutes this, the DWP provide a copy of the Health Services Circular.
It is the BMA’s view that if the provision for this report is listed in the doctors contract, then they are contractually obliged to provide this report free of charge. If however this is not included within their contract, a fee can be charged irrespective of the health services circular provided by the DWP.

I recently had to read a consultant’s contract for a case.  they’re quite complicated, but nothing in the one i read said anything about reports for the DWP, and I should be VERY surprised if any of them ever did.  consultants contracts revolve around the services they provide to the hospital how much time they have to do etc, how that’s split between seeing patients etc and research (if relevant) and training, so on and so forth, and whether they’re allowed to do any private work and the like

     
Oldestrocker
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Principal, Forensic Accountants, Canterbury, Kent

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I had a case where the Consultant (a well known and respected individual in the Liverpool area) was asked by the DWP (PIP) to report on one of his patients who had undergone life saving surgery for Pancreatic Cancer. He instructed his secretary to return the said form uncompleted with a compliments slip advising the DWP that his time was more important tending to his patients’ in saving lives. I only found out when my client brought this letter and compliment slip to me with a request from the DWP that the claimant (patient) should arrange for his consultant fill it in!