The National Health Service has refused to pay for an operation to prevent a pensioner’s agonising migraines because the woman paid privately for earlier treatment.

Maureen Alden, 74, from Bristol, spent her life savings on a £13,000 operation two years ago to implant wires into her brain which prevent migraines by stimulating the nerves. The operation was successful and cut her attacks by 80%.

The battery which powers the medical device is about to run out, however, and the retired typist cannot obtain funding for a replacement.

Alden’s case will reignite the debate over the ban on NHS patients supplementing their care by paying for treatments that are not funded by the health service.

Breast cancer sufferers have been told they will be denied NHS treatment if they pay privately for “top-up” drugs. Patients are taking legal action to fight the ban.

Alden is backed by her GP, Dr Sarah Vaughan, who said: “This seems appalling to me. Funding decisions should be made on medical grounds such as how badly the patient needs the treatment, not whether they have previously paid privately.”

Alden had the device, an occipital nerve stimulator, implanted in March 2006. The battery is expected to run out in the next six months. A permanent battery has since been developed, so if the NHS pays £8,500 for a replacement then Alden should not require any further treatment.

Vaughan warns that if Alden is denied the treatment the NHS will end up spending as much on expensive medication.

South Gloucestershire Primary Care Trust said: “If someone elects to privately fund a treatment that is not funded by the PCT and no exceptional grounds have been agreed in advance, the individual will remain responsible for funding any ongoing costs.”

A British Medical Association (BMA) spokeswoman said: "Ethically the BMA does not believe that if someone has treatment privately they should be prevented from accessing any NHS care related to this initial procedure."

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