CCM13210 - Discovery Decisions: Discovery - Extending an enquiry under S19
It is an accepted principle of long standing that evidence that
something is incorrect for one year allows you to infer that
earlier years may also have been wrong. So where your enquiry into
the entitlement for a year under S19 leads you to believe that the
entitlement for that year was incorrect, you should always consider
whether the same errors may have occurred in earlier years. But you
will need to satisfy yourself that any inferences you are drawing
about the earlier years are reasonable in the circumstances of your
particular enquiry.
During your enquiry you will have obtained evidence about the
claimant’s circumstances and / or income, including how long
those circumstances have prevailed. For example, you may have
established that the claimant was a member of a couple during the
year, and should not have made a claim as an individual. It may be
reasonable, depending on the evidence you have, to infer that the
couple was in existence during earlier years as well. Or you may
consider that the couple did not form until the year you are
enquiring into. In the first set of circumstances, you would be
able to make a discovery decision as long as this amounted to fraud
or neglect, but in the second you would not.
