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HMRC internal manual

Claimant Compliance Manual

From
HM Revenue & Customs
Updated
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Cashcheque offences: Investigation by Claimant Compliance Team: Calculating the penalty

We can charge penalties under S31 where an incorrect statement or declaration has been made fraudulently or negligently. A claimant must sign a cashcheque before it can be cashed so if they know they are not entitled to the money, either because it is too much or it is a duplicate payment, they have made an incorrect declaration. Alternatively, they might have cashed the original cashcheque before reporting it missing so the incorrect declaration is on the form TC241 which they send to the Missing Payments Team (MPT) in TCO. In almost all cases this will amount to at least neglect. If the claimant says their action did not amount to neglect you will need to establish the circumstances in which they thought they were entitled to the money. If you accept there was no neglect we cannot charge a penalty.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)