If you are in England and don’t have a valid exemption certificate but are claiming free prescriptions on that basis then you are committing fraud.
For the avoidance of doubt: I am emphatically not committing fraud, because I have never claimed I do have a medical exemption certificate.
What has happened is: At first, all I knew was what my diabetes team told me, on the day I was diagnosed-- that Type 1 diabetics don't have to pay for prescriptions. Then, when I went to the pharmacy, they asked 'Do you pay for your prescriptions?'; I said, 'Well, I'm Type 1 diabetic'; and they said 'Ok' and handed over the package.
I only found out much later that one is supposed get a medical exemption certificate. But it does seem ridiculous: I have T1D; this means I am
entitled to the certificate-- there is no discretion for the certificate people to say 'you have T1D but'; there are no exceptions-- and the certificate means I am
entitled to free prescriptions. So, in getting free prescriptions, I am not taking anything I am not entitled to.
Nonetheless, if anyone ever asked me 'Do you have a medical exemption certificate?', I would of course, being an honest person, say 'No.' But they haven't yet. They just keep asking 'Do you pay for your prescriptions?'; I keep saying 'I'm Type 1 diabetic'; and they keep saying 'Ok' and handing over the package.
So-- nobody could claim I have committed any fraud, because I demonstrably haven't. The worst thing that could happen to me is that, if they ever ask whether I have a certificate:
- I would say no and pay for the prescription.
- I would then apply for the certificate-- and, according to the website, "We will backdate the certificate to start one month before the date we receive your application." (
https://www.nhsbsa.nhs.uk/check-if-you-have-nhs-exemption/medical-exemption-certificates , under the tab 'How long is it valid for')
- I would then consider applying for a refund of the payment I made, which, again according to the website, I would be entitled to. But it's likely I would decide applying for a refund was more trouble than it was worth, and would accept the loss of the £9.35 or £18.70 or whatever and simply be annoyed with myself for not applying for the certificate sooner. ; )
Jenny's point, though, does give me some pause. Could the pharmacy get into trouble for not asking me whether I have a certificate? Should I protect them from themselves? ...
I find it very hard to imagine that any regulatory body would penalise a pharmacy for giving free prescriptions to someone who is undoubtedly entitled to free prescriptions! Maybe a stern talking-to, but no more. On the other hand, the world is full of bizarre bureaucracies ... Back on the first hand, though-- if some audit body looks into what the pharmacy did e.g. 3 months ago, it wouldn't make any difference if I applied for a certificate now ...
But on the whole-- I think the factor of reducing risk to the pharmacy will motivate me to go ahead and get the certificate sooner rather than later. Thanks, Jenny!