CCM4405 - Post-award examinations: Action: Overview
Potential post-award examinations will be sent to the manager
who then allocates them to a Compliance Officer. The details are
entered on the TCW or CCMIS.
There are two steps to be considered. The first step is to
decide if the risks are all discrepancy risks – see
CCM17020. These risks are those where
HMRC hold data which differs to that on the claim. For example the
declared income differs to that on the P14 or SA return. You need
to compare the risks identified with those listed at
CCM17020
- If the risks are all discrepancy risks – follow the guidance in Chapter 17
- If the risks are not all discrepancy risks continue as shown below.
The next step is to decide whether a penalty might be appropriate, see CCM4410
- if a penalty might be appropriate – see CCM4815
- if a penalty is not appropriate you will continue as shown below.
You need to send the claimant a letter, see
CCM4415. This formally opens your
examination and asks the claimant to provide information or
evidence to help you consider their claim.
You then need to consider any response:
- if the claimant provides the information you asked for, you will make a decision to either
- If the claimant doesn’t respond within the time you gave them, you will make a decision as to whether or not to adjust the award – see CCM4440
Once you have made your decision:
- you should write to the claimant explaining your decision and issue any notice setting out your decision and telling them your examination is now closed. The claimant has a right to appeal against your decision.
If the claimant appeals you will need to consider whether you can revise your decision to settle the appeal by agreement, see CCM4445. If you cannot revise your decision then the case may need to be heard by the Appeals Tribunal. See CCOM21520.
