Question 1 and 2

PCNs are cancelled for the following reason:

Following the issue of a penalty charge notice, entitlement to a remission will be confirmed if the patient proves entitlement to one of the appropriate benefits/or that he/she had been issued with a valid certificate at the time they signed the declaration on the prescription form.

Question 3

The NHSBSA uses the term “easement” rather than discount. I can advise you on easements. 

There are exceptional circumstances where it would not be in the patient’s interest to apply a penalty charge, although the patient’s liability is established.

An administrative easement may apply to the penalty charge, only where the patient has a compelling reason for having claimed exemption incorrectly.

There is no liability for a penalty charge where a patient can show that they did not act wrongfully, or with any lack of care, in respect of the charge in question.

A person who acted with a lack of care is defined as follows:

The person avoided the original charge by being reckless or careless about their obligation to pay, i.e. they did not take the normal amount of care that could be expected of a person in their circumstances, for instance they did not check that they were getting the correct type of benefit, or that their certificate was still valid.

A person who acted wrongfully is defined as follows:

The wrongful act occurs when the patient or their representative claims help with NHS charges to which they are not entitled by completing and signing the declaration.

Vulnerable Patients

It is policy to recover prescription charges where exemption has been claimed incorrectly and to collect penalty charges and surcharges where appropriate. The NHSBSA will take into account the individual circumstances of patients and will deal sympathetically with patients who are in vulnerable groups.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Should you wish to re-use the information you must include the following statement:
“NHS Prescription Services, NHSBSA Copyright 2018” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated.  Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.