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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I received free dental treatment on 24th April this year. I

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I received free dental treatment on 24th April this year. I am, and was, eligible for this because I'd been receiving Income Based Employment Support Allowance since the 18th April this year.
NHS Dental Services are demanding that I provide evidence that I was in receipt of Income Based ESA at the time. They wrote to me saying:
"Failure to provide the evidence to support your claim to free NHS dental treatment or to pay the costs within 14 days may result in further charges and action may be taken."
They have given me the burden of proof.... the burden of proving that I wasn't claiming fraudulently.
Can they do this?.... Do I really have the burden of proving that I've done nothing wrong?
Many thanks in advance for your time and thought,
Michael Stow
Hello Michael,
As you claim to be entitled to free dental treatment at that time, it is up to you to show evidence that you were indeed entitled to free dental treatment as in your case, you need to show that you were in receipt of income based ESA e.g. Any letters from DWP confirming this.
You are not being accused that you were claiming ESA fraudulently, you are merely being asked to prove that you were indeed in receipt of the benefit to support your claim for free dental treatment.
Hope this clarifies.
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