Cancelling a CTS award

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    Default scheme reg 113 (4):

     Has anyone given any thought to whether a local CTS scheme should contain a provision to allow LAs to cancel support should the applicant fail to provide information requested. This seems the best place to add something that specifies once an award is granted and sufficient info has not been provided after say 1 month, the LA reserves the right to cancel that award.

    Does anyone have any thoughts?

    Many thanks.

    chris harvey

    I don’t think you would want to grant an award if sufficient info to award it has not been received. Once an award is running and you think something may have changed, reg 113 allows you to ask for info and give a month to supply it. Although the regs are silent about what to do if the info is not supplied after the month has elapsed you clearly should do something. Suspending is no longer an option in CTR so I think you have no choice but to use what information you have. This may not be to cancel an award, for example if your enquiry is about a working non deps income you would not want to cancel the claim – maybe award a high non dep charge.
    I don’t think you need anything specific in your scheme to enable you to do this but if you decided you wanted something you need to be careful about the wording. There are all sorts of pitfalls here, if you are going to cancel an award what date are you going to use? Personally I would not write anything into a local scheme but would have some local working practices that said if a customer did not respond to an enquiry after a month then the case should be adjusted using the information to hand and drawing from that information whatever reaonable inferences are possible.Remember there are no time limits for the applicant to come back and give you the required information so it’s not like you are closing the door permanently – if the info is subsequently supplied you will have to go back with it.

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