Working the examination: Failure to comply with an information notice
If the claimant(s) fails to comply with the information notice, there is a range of actions you can take. You should consider them in each case based on its merits. You can:
- make an initial decision on whether to make the award and, if so, at what rate (S14 - pre-award examinations)
- make a revised decision on whether to amend the award to take account of the notified change of circumstances (S15 - unprocessed CoCs)
- amend or terminate the award (S16 - post-award examination)
- take steps to charge a penalty.Note that decisions on awards and proceedings for penalties are not mutually exclusive. You can, for example, both amend an award under S16
and charge a penalty for failure to provide the information. But you will not normally do so in practice, except in the most serious cases.
- See CCM5250 for guidance on the general factors to consider when deciding whether to amend or terminate the award. Where you do not have enough evidence to make an initial or revised decision you will have no alternative but to continue to pursue the outstanding information. You shall consider charging penalties to try and encourage the claimant to respond.
Guidance on the procedures for charging penalties for failure to comply with an information notice can be found at CCM10220.