CCM16530 - Enquiries: Penalty Cases: Considering the claimant's reply

Once the claimant has replied to the opening letter you will need to carefully consider their response. Chapter 6 of the CCM contains guidance on many of the risks you will come across and Chapter 15 contains detailed guidance on Undisclosed Partners.

If you are unsure whether the claimant has adequately explained the position you shall ask your manager for help.

If the claimant has not fully answered your concerns or you now have other concerns you should contact them again to request the additional information. Where ever possible you should try to do this by telephone.

If the claimant asks if they can meet someone to discuss the position or you think a face to face meeting is necessary you shall discuss with your manager who will tell you how to proceed. If your manager agrees a meeting is needed - see CCM5350.

You are entitled to approach the claimant’s employer or their childcare provider for information or evidence. However, you are not entitled to approach any other 3r d party and specifically, you cannot approach a school or a suspected partner’s employer. The initial approach to a 3r d party shall be informal using the TCC19 letter (see CCM5520). If there is no reply to the informal request see CCM5540.

Once you have considered of the information, documents or evidence you asked for you will have reached one of the conclusions:-

  • there is no adjustment needed to the award and therefore no penalty is due - see CCM16270
  • an adjustment is needed to the award - see CCM16550