CCM10063 - Penalties and Interest: Incorrect Claims - Establishing Neglect – Enquiries or Examinations Opened on or before 5 April 2008

In all cases where there has been an incorrect claim and you will be considering a penalty you must establish why the claimant made the error. You will then need to decide if their action or lack of action amounts to neglect. In deciding whether or not there is neglect you will need to consider whether the claimant took reasonable steps to make a correct claim – see CCM10060.

In all cases where you consider a penalty should be imposed you must explain to the claimant(s) why you consider their actions amount to neglect and invite their comments. You can do this at a meeting or in a letter. If you deal with this at a meeting your notes must fully record what you said and their response.

If you become aware of the possibility of penalties during a telephone conversation with the claimant(s) you will need to stop the conversation and say you will be putting your thoughts in writing. See CCM8320 and CCM14240.

Where there is neglect you must apply the guidance in the CCM in a consistent, fair but firm manner. Although you might understand why the claimant made a wrong claim this should not affect the consequences of them doing so. Your role is to explain what they have done wrong, correct this for the future and deal with the past.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)