CCM4690 - Examinations: Pre-award penalty cases: Claimant does not respond to opening letter
If the claimant does not respond to your opening letter by the date specified, you should:
- check to see if the information has been received in your office, but not yet passed to you
- consider whether there may be any exceptional circumstances preventing the claimant from replying, for example a postal dispute.
If you think there is a problem you can allow a further week or
exceptionally more than this with your manager’s agreement.
In these cases you should contact the claimant(s) by phone to
remind them of the need to deal with your query.
If the opening letter is returned RLS or you know the
address is false – see
CCM5285.
In all other cases if you are satisfied the claimant(s) has
been given every opportunity to supply the information you will
have 2 options:-
- issue a reminder
- make a formal request for the information
- Issue a reminder – where there has been no reply issue
letter TCC76 which tells the claimant that if they do not reply
within 14 days we will reject the claim. If the claimant then
replies – see
CCM4630. If there is no reply after 14
days you will need to reject the claim as shown in
CCM4660.
- Formal request for information – it will be very rare in
a pre-award case that you decide to make a formal request for
information. Where you do decide to follow this route see
CCM5090.
During the appeal period obtain a copy of the incorrect claim or statement as this will be needed if formal proceedings are necessary. Where the claim, statement or declaration was made by telephone obtain a copy of the call recording
