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Discovery Decisions: No Existing Enquiry
In some cases you will discover that an award for an earlier year is incorrect but you will not have an existing S19 enquiry for a later year. The only information you hold will relate to the discovery year and it will no longer be possible to open an enquiry for that year.
If you are satisfied you can open a discovery enquiry (CCM13200) you should write to the claimant(s) advising them
- you have reasonable grounds for believing the award for the year (state the year) is incorrect and
- that you believe this is as a result of their fraud or neglect
- Section 20(4) allows you to revise the previous award.
If you have all of the information which you need to revise their award tell them what adjustment you believe is necessary and then proceed to settle the enquiry following the general guidance on working enquiries in Chapter 14.
If you need further information before you can accurately revise the award ask the claimant for the details and say that if the information is not provided you will revise the award based on your best judgement. If the claimant co-operates with your enquiry you should work the case following the general guidance in Chapter 14.
If the claimant does not supply the information you should write to them advising that you are now revising the award in absence of their reply. The award should then be revised under S20(4) which carries a right of appeal. You will need to follow the general guidance at Chapter 14 and consider any penalties.