FOI-03519

Thank you for your request for information about the following: 

##Request 

<p><i>‘I am writing to request information under the Freedom of Information Act, regarding Debt Management. Please answer the questions below:</i></p>

<p><i>Based on your response to Debt Management FOI (sent 20/10/25), is the unpaid penalties from 2023/2024 still being actively chased?</i></p>

<p><i>At what point does NHS BSA decide to write off debts? (e.g after how many years is debt written off? Does NHS BSA have different rules from the Debt and Limitation Act (1980)?)</i></p>

<p><i>Please complete the below table:</i></p>

<table border="1" cellpadding="6" cellspacing="0" style="border-collapse: collapse; width: 60%;">
    <thead>
        <tr style="background-color: #000000; color: #ffffff; font-weight: bold;">
            <th style="border-right: 1px solid #000;">Year</th>
            <th>Amount of Debt ‘written off’ (£)</th>
        </tr>
    </thead>
    <tbody>
        <tr>
            <td style="border-right: 1px solid #000;">2021/22</td>
            <td></td>
        </tr>
        <tr>
            <td style="border-right: 1px solid #000;">2022/23</td>
            <td></td>
        </tr>
        <tr>
            <td style="border-right: 1px solid #000;">2023/24</td>
            <td></td>
        </tr>
    </tbody>
</table>

<p><i>Please detail the standard operating process for validating exempt prescription. (Please include how NHS BSA validate patient details, what data access is required, whether AI is used, whether there is any 3rd party involvement)’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 12 January 2026.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

##Question 1 - Based on your response to Debt Management FOI (sent 20/10/25), is the unpaid penalties from 2023/2024 still being actively chased?   

##Question 2 - At what point does NHS BSA decide to write off debts? (e.g after how many years is debt written off? Does NHS BSA have different rules from the Debt and Limitation Act (1980)?) 

##Question 3 - Please complete the below table: 

The information you requested is being withheld as it falls under the exemption in section 31(1) of the Freedom of Information Act. In applying this exemption, we have balanced the public interest in withholding the information against the public interest in disclosing the information. The below sets out the factors considered when deciding that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

##Public Interest Test: 

Factors for Disclosure 

- Public interest in openness and transparency of public authority dealings.  

- Contribute to public understanding of the NHSBSA’s procedures and actions regarding dental and prescription charges and penalty charge notices. 

Factors for Withholding 

- Public interest in avoiding prejudice to the prevention or detection of crime.  

- The legal duty to ensure that fraud is prevented against services provided by the NHSBSA.  

- Releasing the data would provide the public with information which could be used to avoid paying charges and therefore commit fraud.  

- There would be a financial impact to the NHS if correct charges are not being paid. 

Conclusion: 

The NHSBSA recognises that there is a public interest in disclosure of the information to promote transparency and assurance of NHSBSA's exemption checking service processes. However, with regard to the requested data, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, as more weight is afforded to the arguments outlined above to avoid prejudice to the prevention or detection of crime. 

Please see the following link to view the section 31 exemption in full –  

https://www.legislation.gov.uk/ukpga/2000/36/section/31 

The NHSBSA releases Knowledge Base articles publicly which provide information and transparency regarding penalty charges: 

https://faq.nhsbsa.nhs.uk/knowledgebase/category/?id=CAT-01005&parentid=    

These Knowledge Base articles coupled with information already in the public domain contribute significantly to public transparency and understanding of the service.  

You can find further information at the following links: 

NHS Penalty Charges and Enquiry Letters:  

https://www.nhsbsa.nhs.uk/nhs-penalty-charges-and-enquiry-letters 

How to challenge a Penalty Charge Notice (PCN): https://www.nhsbsa.nhs.uk/respond-your-letter 

How penalty charges are calculated: https://www.nhsbsa.nhs.uk/understanding-penalty-charges 

##Question 4 - Please detail the standard operating process for validating exempt prescription. (Please include how NHS BSA validate patient details, what data access is required, whether AI is used, whether there is any 3rd party involvement) 

The NHSBSA provides the exemption checking service on behalf of NHS England to recover unpaid patient charges for NHS prescriptions. This is done to protect public funds and provide value for money for the taxpayer. 

When someone claims a free prescription, the NHSBSA uses the exemption checking process to confirm the patient’s entitlement. Claims for free prescriptions are checked against the NHSBSA database to find a valid exemption, this includes a patient’s NHS number or name, date of birth, and address/postcode. No AI is used to make these checks, and no third party company is involved. 

If an exemption is not found on the NHSBSA database, a patient’s claim is then sent to the Department for Work and Pensions (DWP) to check for any qualifying DWP benefits. If no exemptions can be confirmed from DWP, an initial enquiry letter is then issued to the patient. 

This gives patients an opportunity to check their exemption and contact us to confirm that they were exempt from paying. If they don’t contact us within 28 days, or if they weren’t exempt, a penalty charge notice (PCN) is then issued. When we receive evidence that someone is exempt from paying prescription charges, their case is then closed. 

Patients can challenge their enquiry letter and/or PCN by contacting us or by using our online service https://www.nhsbsa.nhs.uk/respond-your-letter. 

##Data Queries 

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. 

##Reusing the data and copyright 

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented. 

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: “NHSBSA Copyright 2026”. 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.

Tags: Debt Management, Exemptions, Loss Recovery, PCNs
Organization: Freedom of Information Disclosure Log