CCM14270 - Closing the Enquiry: Penalty cases: Appeal received
If an appeal is received against the revised decision(s) you will need to decide whether the award is to be revised again. This might be because the previous amendment contained an error or some new information has been provided.
- Appeal can be resolved – penalty no longer appropriate.
If the appeal can be resolved and there is no longer an adjustment to the award you will need to cancel any previous remission, revise the award and the enquiry can then be closed as shown at CCM14060. If there will still be an adjustment but there will no longer be a penalty you should write to the claimant as shown at CCM14140 but revise the second paragraph of the letter to refer to their appeal and your conclusions. Where there is no continuing award you should use make remission to cancel the previous remission and tell the claimant that any overpayment will now be payable directly to Debt Management and Banking. Once the award has been revised your papers can then be closed as shown in CCM14170.
- Appeal can be resolved – penalty still expected.
If the appeal can be resolved but you still believe the enquiry will lead to a penalty you should advise the claimant of the new conclusion and say any further amendment will be made to the award. Where there is no continuing award Make Remission should be used to cancel any previous remission and the awards should be amended as necessary. Two days after the revised award(s) have been processed you should use Make Remission to remit the revised overpayment as necessary. You will need to BF the papers to allow a 30 day appeal period for the claimant to resile from the agreement and then proceed as in CCM14278.
- Appeal cannot be resolved.
If it is not possible to resolve the appeal it will have to be referred to the Tribunals Service - see The Appeals Guide. No further action can be taken regarding the penalty or the recovery of the overpayment until the appeal has been resolved. The next action will depend on the tribunal's decision and you should then proceed as shown above depending on whether or not there will be a penalty.
For appeals against a penalty please see CCM10385.
