CCM8390 - Closing the Examination: Right of Appeal
The claimant has a right to appeal against the formal decision
notice and even though they might have intimated they are content
with the position, you
must allow the full appeal period to expire before
you proceed with the next stage of settling your examination.
Although you must allow the full appeal period to expire
before inviting a letter of offer, you must not allow delays to
occur after that period. This is particularly important where the
overpayment is recoverable in-year (see
CCM8125). If the overpayment arises as a
result of fraud or neglect interest will be charged. In these cases
you should have invited the claimant to make an early payment on
account which they send to you. You will then forward it to the
Accounting & Payments Service - (
CCM8710).
If an appeal is made, you will have to settle it before you
can move on. Once you are able to settle the appeal you should
issue a form
TC622 (See detailed guidance in
The Appeals Guide) and you will need to tell the
claimant what will happen next. It might be you have now accepted
the claim is correct in which case your examination is complete, or
you might have agreed an adjustment with no penalty in which case
once the revised award is issued your examination is complete or
the appeal needs to be referred to the Tribunal Service.
Where you were previously intending to include an overpayment
in the letter of offer and you have used Make Remission as detailed
in
CCM8380 you will have to review the
remission.
- If there is no longer an adjustment needed to the award – cancel the previous remission then revise the award and settle your examination.
- If the previous adjustment still applies – do not cancel the remission and follow CCM8400 regarding the settlement.
- If there is still an adjustment but in a different figure – cancel the previous remission, then amend the award(s), then 2 days after the revised awards have been processed use Make Remission to remit the revised overpayment. BF your papers 30 days for the claimant to resile from the agreement and then proceed as in CCM8400.
