Declaration on claim forms

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  • #21492
    Tracey_Robinson
    Participant

    Hopefully somebody can help me.

    I have had a request from a claimant – under what legal right or regulation does the declaration go on a claim form?

    #5373
    Kevin D
    Participant

    None. But there is nothing to stop the clmt amending, or even deleting, the declaration.

    In fact, I have been known to change declarations on forms (not necessarily related to benefits). For example, far too many declarations contain a term along the lines of “I agree that the information stated on this form is correct”. My change is invariably along the lines of adding the words “…to the best of my understanding and/or knowledge.”

    The only legal argument I can see for the presence of a declaration on a form “approved for the purpose” of claiming is that the nature of benefits means a declaration is a reasonable object for such purposes. And, the form being used by the LA is the one “approved”. Still doesn’t stop a clmt amending the declaration though. And, I’d like to see a LA argue that such an amendment makes a claim defective…..

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