Warning: NHS Clawbacks from GP Practices

GP practice premises funding

The NHS are increasingly trying to clawback monies from GP practices who gain additional income – including income generated by offering non-GMS/PMS providers occasional use of their practice i.e. commercial contracts and federations etc.

Following the release of the 2013 Premises Costs Directions, some surgeries are encountering issues where a flat service charge is actually deemed to be premises income by the NHS. The NHS are therefore attempting to clawback some of this money against the practice’s notional rent.

GP Surveyors advise practices that they can reduce the chance of facing these clawbacks if they structure these additional occupations correctly including providing a fully itemised service charge schedule. Practices should also follow the guidelines below:

Already have third parties in your practice? What should you do?

  • Speak to GP Surveyors or your primary care surveyor before you submit your CMR1 form. We will help to ensure that your income from third parties is explained accurately and in the correct way to reduce the chance of any NHS clawbacks being made.
  • If you have already submitted your form and have received a new Notional Rent figure, consult your surveyor about whether your rent reimbursement is correct (whether there is evidence of any clawbacks or not).GP Surveyors will assess your rent reimbursement for free. We will only charge if we are successful in an appeal on your behalf.

Considering bringing third parties into your practice? What should you do?

We understand that these warnings may put you off taking on non-GMS/PMS work at a time when the NHS are in fact encouraging surgeries to operate more of a ‘one-stop-shop’. However, you don’t need to avoid this altogether. Just make sure that you consult your specialist surveyor beforehand. GP Surveyors can advise you on whether your plans are financially viable and the best way forward – allowing you to offer more services from your practices without the worry of NHS clawbacks further down the line.

GP Surveyors has dealt with a number of cases over the last year where the NHS has tried to clawback money from practices who provide space to a third party. These have had a successful outcome following our negotiations with the NHS.

For further advice, please contact the GP Surveyors team.