Thank you for your request for information about the following:

Request

'I therefore request this information under the Freedom of Information Act. That I want the information on the processes that NHSBSA uses to apply easement.'

The NHS Business Services Authority (NHSBSA) received your request on 24 January 2025.

We have handled your request under the Freedom of Information Act (FOIA) 2000.

Our response

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority. There are no written processes for applying easements as they are determined on a case-by-case basis.

Advice and assistance

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.

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing, the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. 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 2025” 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.