CCM15370 - Undisclosed Partners: No reply to opening letter
Where there is no reply to your opening letter you must
carefully review the evidence held. We cannot terminate an award on
the grounds that there is a partner purely on the basis that they
live at or use the same address. We can only terminate the award
if, in our opinion, they are living together as husband and wife
(LTAHAW) or are living together as civil partners (LTACP) and to
reach such a decision we must have considered the five criteria
shown at
CCM15040.
Failure to reply to the opening letter may lead you to
suspect the claimant has something to hide but decision making must
be based on facts or evidence and not suspicions or assumptions.
However, there will be cases where, in the absence of an
explanation, there is strong evidence in the Standard Intelligence
Package which could lead you to conclude the claimant is living
with an undisclosed partner.
Where the claimant has not replied to the opening letter you
must consider the guidance at
CCM15380. If you are unsure whether the
evidence is strong enough to make a decision to terminate the award
you may want to discuss this with your manager. If this is a
particularly difficult case your manager might want to refer to
your Claimant Compliance Group Manager. If after considering
CCM15380:
- there is not enough evidence to make a LTAHAW or LTACP decision
but you believe the case should be pursued – you and your
risk team should consider whether it would be possible to gather
further evidence (see
CCM15200) and then look again at
CCM15380. If this is not possible or
there is no other evidence issue a formal notice requesting the
outstanding information and documents.
- There is evidence to support a LTAHAW or LTACP decision, write
to the claimant to say:
- They did not reply to your letter of [date]
- You have information to suggest there is another adult living at their address and that in the absence of any other information you have concluded they are living together as husband and wife (or they are living together as civil partners)
- Unless you hear from them within 21 days of the date of your letter you will be terminating their award. They will have a right of appeal against the formal notice of your decision.
Then BF your papers for 21 days.
- If there is no reply, make the decision.
- If the claimant responds by telephone you will need to consider what they say and if necessary ask for their documents and information to help you make your decision. If the claimant responds by sending in the information previously requested you will need to consider the evidence.
